Unlawful Presence Bars and the Provisional Waiver (I-601A)

Immigration » Inadmissibility waivers » Unlawful presence and I-601A

People who lived in the United States without permission and plan to apply for a green card from abroad may face bars to returning. A provisional waiver can reduce the risk and uncertainty.

The bars

Three-year bar: unlawful presence of more than 180 days but less than one year, followed by departure.
Ten-year bar: unlawful presence of one year or more, followed by departure.
Permanent bar: unlawful presence for a year or more followed by a reentry without permission, or a reentry after removal, with limited exceptions.

The provisional waiver

The I-601A allows certain people to request a waiver of unlawful presence in the United States before they leave for the consular interview. This lets them leave knowing the waiver has been approved, instead of waiting abroad.

Who may qualify

The applicant must be in the United States and have an approved immigrant visa petition or another basis.
The applicant must show extreme hardship to a U.S. citizen or permanent resident spouse or parent.
The person must not have other grounds of inadmissibility that cannot be waived with this form.
The person must not be in removal proceedings, unless the case has been administratively closed in a way that allows filing, depending on current policy.

Extreme hardship

Hardship is more than the normal difficulty of separation. Evidence can include medical needs, financial dependence, family ties, country conditions and emotional and educational impact. Documents and detailed declarations are essential.

Planning

This is an area where small mistakes can have major consequences. Do not leave the country before talking to us. See consular processing vs adjustment.

Inadmissibility waivers guide

How our firm helps with inadmissibility waivers

We identify every ground of inadmissibility that applies to you.
We build the hardship case with medical, financial and personal evidence.
We prepare the waiver and the supporting brief and file it at the right time.
We coordinate the waiver with the rest of your case, so one problem does not stop everything.

Situations we handle

Unlawful presence bars
Past misrepresentation findings
Criminal grounds
Prior removal orders

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with inadmissibility waivers

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.