I-601A Instructions Table of Changes

I601A-012-INS-TOC-FeeRule-OMBReview-NPRM-07122022.docx

Application for Provisional Unlawful Presence Waiver

I-601A Instructions Table of Changes

OMB: 1615-0123

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TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0123

07/12/2022


Reason for Revision: FeeRule NPRM

Project Phase: OMBReview


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 08/31/2023

Edition Date 08/31/2021



Current Page Number and Section

Current Text

Proposed Text

Pages 2 - 3, Can I File Other Forms with Form I-601A?

[Page 2]


Can I File Other Forms with Form I-601A?



If you submit your Form I-601A with any of the following forms, your application will be REJECTED and returned to you with the filing fee and biometric services fee:


[Page 2]


Can I File Other Forms with Form I-601A?



If you submit your Form I-601A with any of the following forms, your application will be REJECTED and returned to you with any fees paid:




Page 4, What Happens If My Provisional Unlawful Presence Waiver is Denied or Revoked or If I Withdraw My Pending Application?

[Page 4]


What Happens If My Provisional Unlawful Presence Waiver is Denied or Revoked or If I Withdraw My Pending Application?



2. You may file a new Form I-601A along with the required filing fee and biometric services fee. You must still meet all the eligibility requirements for the provisional unlawful presence waiver at the time of filing, including requirements to be physically present in the United States and to appear for your biometric services appointment at a USCIS Application Support Center (ASC).


[Page 4]


What Happens If My Provisional Unlawful Presence Waiver is Denied or Revoked or If I Withdraw My Pending Application?



2. You may file a new Form I-601A along with the required fees. You must still meet all the eligibility requirements for the provisional unlawful presence waiver at the time of filing, including requirements to be physically present in the United States and to appear for your biometric services appointment at a USCIS Application Support Center (ASC).


Pages 5 - 6, General Instructions

[Page 5]


General Instructions



Filing Fee. Each application must be accompanied by the appropriate filing fee and biometric services fee (if applicable). (See the What Is the Filing Fee section of these Instructions.)





General Instructions



Filing Fee. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing fees.





Pages 13 – 17,

What Evidence Must I Submit With Form I-601A?

[Page 13]


What Evidence Must I Submit With Form I-601A?



[Page 17]


Some unfavorable factors may include, but are not limited to:


  1. Evidence of bad moral character, including criminal tendencies reflected by past convictions or an ongoing unlawful activity or continuing police record;


  1. Repeated violations of U.S. immigration laws and a willful disregard for other laws;


  1. Absence of close family ties or hardships;


  1. Fraudulent marriage to a U.S. citizen for the purpose of gaining an immigration benefit; and


  1. Unauthorized employment in the United States.


[Page 13]


What Evidence Must I Submit With Form I-601A?



[Page 17]


Some unfavorable factors may include, but are not limited to:


1. Evidence of bad moral character, including criminal tendencies reflected by past convictions or an ongoing unlawful activity or continuing police record;


2. Repeated violations of U.S. immigration laws and a willful disregard for other laws;


3. Absence of close family ties or hardships;


4. Fraudulent marriage to a U.S. citizen for the purpose of gaining an immigration benefit; and


5. Unauthorized employment in the United States.


Pages 17 - 18, What Is the Filing Fee?

[Page 17]


What Is the Filing Fee?


The filing fee for Form I-601A is $630. A biometric services fee of $85 is also required for applicants between 14 and 79 years of age. Therefore, the fees you must submit with the application are:


  1. $630 plus $85 for the biometric services fee if you are under 79 years of age; or


  1. $630 if you are under 14 years of age or 79 years of age or older.


  1. You may not request a fee waiver for the Form I-601A filing fee or biometric services fee.


NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.


Use the following guidelines when you prepare your checks or money orders for the Form I-601A filing fee and biometric services fee:


  1. The checks or money orders must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and



[Page 18]


  1. Make the checks or money orders payable to U.S. Department of Homeland Security.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”


Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee.


How To Check If the Fees Are Correct


Form I-601A’s filing fee and biometric services fee are current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.


  1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


  1. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.




[Delete]

Page 17,

Where To File?

[Page 17]


Where To File?


Please see our website at www.uscis.gov/I-601A or call the USCIS Contact Center at 1-800-375-5283 for the most current information about where to file this application. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


[Page 17]


Where To File?


Please see our website at www.uscis.gov/I-601A or call the USCIS Contact Center at 1-800-375-5283 for the most current information about where to file this application. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


Page 20, Paperwork Reduction Act

[Page 20]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1 hour and 30 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 1 hour and 10 minutes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0123. Do not mail your completed Form I-601A to this address.



Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1.317 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 1 hour and 10 minutes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0123. Do not mail your completed Form I-601A to this address.


Pages 20 - 21, Is My Form I-601A Complete?

[Page 20]


Is My Form I-601A Complete?



[Page 21]


I included the required filing fee and biometric services fee in the form of checks or money orders as described in the What Is the Filing Fee section of these Instructions.




Is My Form I-601A Complete?





I included the required filing fee.



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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleI-601A
AuthorKim, Andrew I
File Modified0000-00-00
File Created2023-09-03

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