FORM I-601A PROVISIONAL UNLAWFUL PRESENCE WAIVER

COVER LETTER AND EVIDENCE CHECKLIST

Filing Overview

• Applicant: [NAME], A#: [A-NUMBER]
• Basis: INA 212(a)(9)(B) unlawful presence; qualifying relative(s): [USC/LPR spouse/parent]
• Case status: Approved I-130/I-140 Receipt No. [NO.]; NVC Case No. [NO.] (if assigned)
• Consular post: [POST]; No other inadmissibility factors disclosed: [YES/NO - explain if any]
• Biometrics location: [ASC]

Packet Order (suggested)

1) Cover letter (this document) summarizing eligibility and extreme hardship theory.
2) Form I-601A (signed).
3) Filing fee and biometrics fee.
4) Proof of approved immigrant petition (I-797) and NVC fee payments (if available).
5) Qualifying relationship evidence (marriage/birth certificates).
6) Hardship declaration(s) from qualifying relative(s) with exhibits (medical, financial, country conditions).
7) Applicant declaration (remorse, equities, intent to depart for consular interview).
8) Financial evidence (tax transcripts, pay stubs, budgets, debts).
9) Medical/psychological evidence as applicable.
10) Country conditions for relocation analysis.
11) Proof of continuous presence and departure plans (itinerary once scheduled).
12) Certified translations.

Cover Letter Body (sample)

text
Date: [DATE]

USCIS [LOCKBOX/ADDRESS]

RE: Form I-601A - Provisional Unlawful Presence Waiver
Applicant: [NAME, A#]
Qualifying Relative(s): [USC/LPR SPOUSE/PARENT]

Dear Sir/Madam:

Enclosed is Form I-601A requesting a provisional waiver of unlawful presence under INA 212(a)(9)(B). Extreme hardship to the qualifying relative(s) is demonstrated under both relocation and separation scenarios. The applicant will depart for the immigrant visa interview upon approval and scheduling.

Enclosures follow the order listed above.

Sincerely,
[NAME/ATTORNEY]
[ADDRESS]
[PHONE] | [EMAIL]

Practice Notes

• Confirm no other inadmissibility issues (crimes, fraud, prior orders) that would bar I-601A eligibility.
• Keep addresses current; withdrawal may be needed if risk factors arise.
• Maintain unlawful presence calculations in file; document entry history and any tolling events.
• Track NVC milestones; do not schedule medical/interview until waiver adjudication timeline aligns.
• File I-212 separately if 212(a)(9)(A)/(C) applies (after removal/deportation).