If you are a noncitizen living in the United States and do not currently have lawful status or permission to legally live and work in the U.S. (greencard, DACA, TPS, etc.), there is a strong likelihood that you are accruing unlawful presence. Unfortunately, if you have accrued between 180 days to one year or more of unlawful presence, you've effectively triggered the 3-year and 10-year bars to admissibility. This means that without a waiver, you may not re-enter or attempt to re-enter the U.S. before waiting the allotted time period. For those who are eligible, the I-601A Provisional Unlawful Presence Waiver is a necessary step in overcoming unlawful presence and qualifying for lawful permanent residence status in the United States.
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