Understanding Unlawful Presence Under § 212(a)(9)(B) and Unlawful Presence Waivers, I-601 and I-601A

This advisory explains unlawful presence under INA § 212(a)(9)(B) and the differences between the I-601 and I-601A waivers of unlawful presence. It covers who needs a waiver of unlawful presence, what are the requirements for a waiver of unlawful presence, and which waiver process to use depending on the applicant’s circumstances.