The Provisional Unlawful Presence Waiver (Form I-601A) allows certain immigrants who have overstayed their visas to stay in the US until a final determination is made with respect to their continued presence in the US. There are a long list of requirements determining who is eligible to file Form I-601A, but there are a few basic qualifications that will eliminate many undocumented aliens right off the bat. In order to file Form I-601A, you must:Be seventeen or older.
Be in the United States.
You must not have ANY other applications of any kind pending before the State Department, and there must not be any removal proceedings against you in progress.;
, In order to be approved for a Provisional Unlawful Presence Waiver, you must fall into one of four strictly defined categories:Your qualifying relative has filed Family Petition (Form I-130), on your behalf.

If your relative is a US citizen, you will be eligible if you are their spouse, child, parent, brother or sister.
If your relative is a lawful permanent resident and not a citizen, you are only eligible if you are the spouse or unmarried child of your relative.


Your employer has filed From I-140 on your behalf. Form I-140 is a lengthy form which costs $580 to file. If your employer has submitted it, they would know. Just ask them.
Alternatively, if you are a winner of the Diversity Visa lottery or the spouse or child of a winner, you are eligible for a Provisional Waiver.
 By far, the majority of people eligible for a Provisional Waiver are the immigrant relatives of citizens or the immigrant relatives of lawful permanent residents. Since the Provisional Waiver is only stays a deportation temporarily, the applicant must show that their sponsoring relative would face hardship as a result of their absence. Hardship is interpreted broadly, and can include:Health hardships, including the cost of care or the availability of care if your relative had to accompany back to your home country.
Financial hardships, including the loss of home, decline in standard of living, or loss of business.
Educational hardships, including the disruption of current schooling, loss of opportunity for higher education, or a decline in the quality of education.
Personal factors, such as separation from a spouse, child, or parent, and the presence of a large proportion of relatives in the US.
 In order to qualify for a Provisional Waiver, you must have been in the US unlawfully for at least 180 days during a single stay. That means each time you leave the US, the count resets to zero, not starting again till you re-enter.
Check the basic qualifications.
Determine which visa category you fall into.
Demonstrate hardship.
Make sure you meet the time requirements.
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