Can I apply for the I-601A Waiver?
USINFO | 2013-10-30 16:49
 
I am Unlawfully Present, but I also have a bar because of some criminal convictions. Can I apply for the I-601A Waiver?

No. The I-601 Provisional Waiver is only available where the only ground of inadmissibility the foreign national has is the Unlawful Presence 3 or 10 year bar under 212(a)(9)(B). If the foreign national requires a waiver for any other reason (such as a deportation order, certain criminal convictions, health-related grounds, fraud or misrepresentation, or as a smuggler) then they are not eligible to apply for the I-601A waiver and must instead apply under the regular I-601 process.
 
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