Form I-601A Instructions 04/01/24 Page 10 of 20
If you are currently subject to an unexpired grant of voluntary departure from the immigration judge or the BIA, you are
not eligible for a provisional unlawful presence waiver. If you were granted voluntary departure in the past, but then you
withdrew your voluntary departure request or otherwise terminated voluntary departure you should not select “Yes” to
Item Number 31. In this case, you may be in removal proceedings or you may be the subject of a nal order of removal,
deportation or exclusion. You should select the statements that apply to you in Item Numbers 27. - 28.b. or Item
Number 29.a.
If you withdrew your request for voluntary departure or otherwise terminated the voluntary departure, please provide a
copy of all the relevant court documents.
If you did not depart during the voluntary departure period, you now have an outstanding nal order of removal,
deportation, or exclusion. You should not select “Yes” to Item Number 31., but “Yes” to Item Number 29.a.
2. Criminal History (Item Numbers 32. - 45.)
A. If you answer “Yes” to any question in Item Numbers 32. - 38., provide the location, date, and a brief description
of the event in Part 9. Additional Information. If you answer “Yes” to any question in Item Numbers
39.a. - 45., provide a complete explanation in Part 9. Additional Information. The provisional unlawful
presence waiver only addresses the inadmissibility grounds associated with unlawful presence under INA section
212(a)(9)(B)(i). USCIS may deny your application as a matter of discretion due to unfavorable factors related to
your criminal and/or immigration history unless you are able to establish that you warrant a favorable exercise of
discretion.
B. If you were arrested or detained, but not charged with any crime or oense, you must provide information about
the event regardless of the country where the event occurred.
C. If you were charged with a crime, you must provide certied court dispositions showing the court proceedings’
outcome. You must also provide copies of arrest reports, statements of charges, indictment information, or any
other charging document issued against you. You MUST provide this information even if:
(1) Your records were expunged;
(2) You were placed in an alternative sentencing or rehabilitation program (for example, diversion, deferred
prosecution, withheld adjudication, deferred adjudication);
(3) Your records were sealed or otherwise cleared; or
(4) Anyone, including a judge, law enforcement ocer, or attorney, told you that you no longer have a criminal
record.
D. If you were arrested but not charged with a crime or oense, you must provide the arrest report as well as
documentation from the arresting authority, prosecutor’s oce, or court, if available, showing that you were not
charged with a crime or oense.
E. If you have ever engaged in, ordered, incited, assisted, or otherwise participated in any human rights violations
(for example, acts involving torture, genocide, or human tracking; murder; severely injuring someone; engaging
in sexual activity with anyone made to participate by force or threat), you must provide information about the
events, place, date, and description regardless of the country where the events occurred.
Part 2. Biographic Information
Provide the biographic information requested in Part 2., Item Numbers 1. - 6. Providing this information as part of
your application may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services
Appointment section of these Instructions.
Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.
Categories and Denitions for Ethnicity and Race
1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture
or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 2., Item Number 1.)