Q. Who qualifies for a provisional waiver under I-601A?

A. Spouses of U.S. citizens who have resided unlawfully in the United States for at least 180 days qualify. Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:

• The sons/daughters of U.S. citizens; and
• The spouse and sons/daughters of lawful permanent residents.

The I-601 provisional waiver allows qualifying relatives of U.S. citizens or permanent residents the ability to request a waiver of a multi-year bar for unlawful presence. They are allowed to apply for the waiver without needing to leave the United States. They are also allowed to wait for their application results while in the United States as opposed to having to leave the country to await the decision and be separated from their family for what could potentially be a year or more.