Are you confused about the difference between a 601A provisional waiver and a regular 601 waiver? You’re not alone. In this article, we’ll break down the key differences between these two waivers to help you navigate the complex world of immigration law.
First, let’s clarify where each waiver applies. The 601A provisional waiver is for individuals who are currently in the United States and need to waive their unlawful presence in order to apply for a green card through consular processing. On the other hand, the regular 601 waiver is for individuals who are outside the United States and need to waive certain grounds of inadmissibility before they can re-enter the country.
One of the main benefits of the 601A provisional waiver is that it allows applicants to remain in the United States while their waiver is being processed, which can take several years. This contrasts with the regular 601 waiver, which requires applicants to remain outside the United States while their waiver is processed.
To determine which waiver you need, consider the following questions:
If the immigrant is in the United States and needs to waive their unlawful presence, they may be eligible for a 601A provisional waiver. However, if they are outside the United States and need to waive other grounds of inadmissibility, they will likely need a regular 601 waiver.
It’s important to note that each case is unique, and the information provided here is for general guidance only. If you have questions about your specific case, it’s best to consult with an experienced immigration attorney who can provide personalized advice based on your circumstances.
At New Frontier Immigration Law, we specialize in helping immigrants navigate the U.S. immigration system. With a 100% success rate on waivers, we have the experience and expertise to help you achieve your immigration goals. Contact us today to learn more about how we can help you live free and without fear in the United States.
Hillary Walsh is one of America’s foremost immigration attorneys — a nationally recognized advocate whose career has been built case by case, client by client, in the most challenging corners of immigration law.
For over a decade, Hillary has represented immigrants, asylum seekers, trafficking survivors, and families facing deportation in proceedings before the Ninth, Sixth, and Fifth Circuit Courts of Appeals, the Board of Immigration Appeals, and immigration courts across the country. Her legal expertise spans removal defense, asylum, VAWA, T Visa, U Visa, green cards, and naturalization — the full breadth of immigration law, with particular depth in protection-based relief for vulnerable populations.
Her work has reached the highest levels of American jurisprudence. Hillary was invited to author an amicus curiae brief for a U.S. Supreme Court case — a distinction extended to attorneys whose command of immigration law is recognized at the national level.
Hillary founded New Frontier Immigration Law in 2019 with a simple but radical belief: that every person deserves a fighting chance, and that there is a solution for every problem. That legal philosophy has guided thousands of client outcomes across Phoenix, Los Angeles, Las Vegas, and communities nationwide.
She doesn’t just represent clients in immigration court; she shapes how immigration law is argued, understood, and applied.
(623) 320-0400