Application for Provisional Unlawful Presence Waiver

Forms and Documents

Document Name	Status
Form I-601A Application for Provisional Unlawful Presence Waiver Form	Modified
I-601A Supporting Statement.30-day notice.doc Supporting Statement A	2015-07-08
I601A FEP.docx Supplementary Document	2015-03-30
Apendix to the I-601A SS - 60-Day Notice Public Comments and USCIS Responses.docx Supplementary Document	2015-03-30
I601A-INS-TOC-30Day-03242015.docx Supplementary Document	2015-03-30
I601A-FRM-TOC-30Day-03242015.docx Supplementary Document	2015-03-30
SORN - United States Citizenship and Immigration Services Benefits Information System.doc Supplementary Document	2012-10-11
PIA - USCIS Benefits Processing of Applicants other than.pdf Supplementary Document	2012-10-11
I-601A Reference Citation..doc Supplementary Document	2012-01-27

IC Document Collections

IC ID	Document Title	Status
203919	Biometrics Services	Modified
200866	Application for Provisional Unlawful Presence Waiver Form	Modified

ICR Details

OMB Control No: 1615-0123	ICR Reference No: 201503-1615-013
Status: Historical Active	Previous ICR Reference No: 201208-1615-008
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-601A
Title: Application for Provisional Unlawful Presence Waiver
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/08/2015
	Date Received in OIRA: 03/31/2015
Terms of Clearance: Approved for two years due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2017	36 Months From Approved	07/31/2015
Responses	70,000	0	124,696
Time Burden (Hours)	93,450	0	166,469
Cost Burden (Dollars)	1,519,000	0	0

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Abstract: Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act (the Act) provides for the inadmissibility of certain aliens who have accrued unlawful presence in the United States. There is also a waiver provision incorporated into section 212(a)(9)(B)(v) of the Act, which allows the Secretary of Homeland Security to exercise discretion to waive the unlawful presence grounds of inadmissibility on a case-by-case basis. The information collection required on an Application for Provisional Unlawful Presence Waiver of Inadmissibility, Form I-601A, is necessary for U.S. Citizenship and Immigration Services (USCIS) to determine whether the applicant meets not only the requirements to participate in the streamlined waiver process provided by regulation, but also whether the applicant is eligible to receive the provisional unlawful presence waiver.

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Authorizing Statute(s): US Code: 8 USC 1182 Name of Law: U.S. Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 36543	06/27/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 16688	03/30/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Application for Provisional Unlawful Presence Waiver	I-601A	Application for Provisional Unlawful Presence Waiver
Biometrics Services

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	70,000	124,696	0	0	-54,696	0
Annual Time Burden (Hours)	93,450	166,469	0	0	-73,019	0
Annual Cost Burden (Dollars)	1,519,000	0	0	0	1,519,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There has been a decrease (73,019 annual burden hours) in the annual burden hours previously reported for this information collection. USCIS previously reported 166,469 burden hours and it is now reporting 93,450 burden hours. This change can be attributed to a change in USCIS's estimate for the number of respondents by 27,346 less respondents (previously estimated 62,348 respondents while it is now estimates 35,000 respondents). USCIS refined our respondents estimate to 35,000 through receipt data collected since the March 4, 2013 issuance of the form. The new respondents estimate was multiplied by the average burden per respondents, of 1.5 and 1.17 respectively, to reach the adjustment amounts of 52,500 and 40, 950 and the resultant 73, 019 decrease in respondent hours.

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Annual Cost to Federal Government: $23,450,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/31/2015

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