Table of Changes (instructions)

TABLE OF CHANGES – INSTRUCTIONS

Form I-601A, Application for Provisional Unlawful Presence Waiver

OMB Number: 1615-0123

12/04/2017

Reason for Change: Form I-601A informs an applicant in removal proceedings what he or she should do once USCIS approves the provisional unlawful presence waiver application. Recently, ICE informed USCIS that the terminology used on Form I-601A’s Instructions to describe how an applicant should resolve removal proceedings once USCIS approves Form I-601A is too narrow. Specifically, the Instructions instruct an applicant to seek dismissal or termination of removal proceedings without accounting for the possibility that removal proceedings can be resolved through a grant of voluntary departure under INA 240B. As ICE, and not USCIS, directly engages with applicants on the question of how to resolve removal proceedings, ICE requested that USCIS amend Form I-601A’s Instructions to direct applicants with approved Form I-601A to resolve their removal proceedings rather than seek termination or dismissal.

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Current Page Number and Section	Current Text	Proposed Text
Page 3 What Should I Do Once USCIS Approves My Provisional Unlawful Presence Waiver?	[Page 3] If you are in removal proceedings, obtain a termination or dismissal order from EOIR. If you are in removal proceedings and USCIS approves your Form I-601A, it is important that you seek an order from EOIR that terminates or dismisses your removal proceedings before you leave the United States. Leaving the United States before your removal proceedings are terminated or dismissed may delay processing of your immigrant visa based on another ground of inadmissibility. Leaving the United States before your removal proceedings are terminated or dismissed may also result in the automatic revocation of your approved provisional unlawful presence waiver. Visit the USCIS website at www.uscis.gov/provisionalwaiver for information about how to seek termination or dismissal of your removal proceedings before you depart the United States.	[Page 3] If you are in removal proceedings, resolve your removal proceedings. If you are in removal proceedings and USCIS approves your Form I-601A, it is important that you resolve your removal proceedings before you leave the United States. Leaving the United States before your removal proceedings are resolved may delay processing of your immigrant visa based on another ground of inadmissibility. Leaving the United States before your removal proceedings are resolved may also result in the automatic revocation of your approved provisional unlawful presence waiver. Visit the USCIS website at www.uscis.gov/provisionalwaiver for information about how to resolve your removal proceedings before you depart the United States.

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