Application for Provisional Unlawful Presence Waiver

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-601a Application for Provisional Unlawful Presence Waiver	Form	Modified	Available
I-601A SS Biometrics.docx	Supporting Statement A	Uploaded 2020-09-11	Available
I601A-005-INS-TOC-BiometricsRule-NPRM-05132020.docx	Supplementary Document	Uploaded 2020-09-10	Available
I601A-005-FRM-TOC-BiometricsRule-NPRM-05132020.docx	Supplementary Document	Uploaded 2020-09-10	Available
Reference Citation.doc	Supplementary Document	Uploaded 2018-05-31	Available
PIA-CLAIMS 3.pdf	Supplementary Document	Uploaded 2018-05-30	Available
SORN - A-File.pdf	Supplementary Document	Uploaded 2018-05-30	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
203919	Biometrics Services		Modified
200866	Application for Provisional Unlawful Presence Waiver	Form	Modified

ICR Details

OMB Control No: 1615-0123	ICR Reference No: 202009-1615-043
Status: Historical Inactive	Previous ICR Reference No: 202007-1615-036
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: Comment filed on proposed rule and continue	Conclusion Date: 10/30/2020
	Date Received in OIRA: 09/15/2020
Terms of Clearance: In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	36 Months From Approved	02/28/2021
Responses	126,000	0	126,000
Time Burden (Hours)	168,210	0	168,210
Cost Burden (Dollars)	3,212,390	0	3,212,390

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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:
1615-AC14	Proposed rulemaking	85 FR 56338	09/11/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: There is an increase in the estimated annual hour burden to respondents for this collection of information as a result of the increase in the estimated hour burden per response for biometrics collection from 1.17 hours to 3.67 hours. There is no change in the estimated annual cost burden to respondents for this collection of information.

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Annual Cost to Federal Government: $45,045,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 09/15/2020

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