WAIVER I-601A
I-601A Waiver, Application for Provisional Unlawful Presence
Here is an overview of Form I-601A, including eligibility requirements, instructions, and required documentation.
Article Contents​
What is I601A Waiver?
Individuals who have received an immediate relative petition, live in the US, and believe they won't be able to re-enter the country for up to ten years after leaving because they spent more than 180 calendar days living in an unconstitutional manner while in the US. The United States may qualify them for a temporary waiver of unlawful presence. Only immediate relatives of U.S. citizens living in the United States who are pursuing immigrant visas can benefit from the provisional waiver of unlawful presence, provided they successfully complete the consular procedure at a U.S. Embassy or consulate abroad. Family members are US citizens' spouses, children, and parents.
If the Department of State consular officer grants the waiver, it becomes indefinite and effective only after the individual leaves the United States, shows up for the immigrant visa interview, and the officer determines that the waiver is legitimate for use in the United States. The waiver only addresses one aspect of inadmissibility, also known as unlawful presence. A person who is inadmissible for various reasons is not eligible for the temporary illegal absence waiver, but he or she can apply for one using the Form I-601 Application for Waiver of Grounds of Inadmissibility and Waiver procedure.
If you'd like to request a waiver of unlawful presence for a period of time prior to their departure from the United States, the form they need to use is Form I-601A, Application for Provisional Unlawful Presence Waiver
What Is the Purpose of Form I-601A?
Form I601a provides assistance:
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For requesting a provisional waiver of unlawful presence grounds of inadmissibility under Immigration and Nationality Act (INA) section 212(a)(9)(B)
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For use by certain immigrant visa applicants who are relatives of U.S. citizens or LPRs
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For submission before departing the U.S. for preparation ahead of immigrant visa interviews at a U.S Embassy or U.S Consulate
Who Qualifies for Form I-601A?
Important note: This form is used to waive the time you are banned from re-entering the United States if you have overstayed a visa or lived in the United States without a green card, a valid visa, or U.S. citizenship. For more specific instructions, see “Who may file Form I-601A?” in the instructions to Form I-601A.
Who is eligible to file Form I601A?
Typically, you can use Form 601a to file for a waiver if:
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You are physically present in the United States.
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You must be at least 17 years old when you file.
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Have an immigrant visa case pending with the U.S. Department of State. There are key conditions for this, so please refer to the Form I-601A instructions.
The instructions for Form 601a state that a variety of circumstances may result in the denial of your application. Make sure to refer to the Form I-601A instructions for more information or scroll down to Form I-601A Waiver Requirements.
Form I-601A Waiver Requirements
You may file this application to request a provisional waiver for unlawful presence if:​
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You are physically present in the United States;
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You are at least 17 years of age at the time of filing;
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You have an immigrant visa case pending with Department of State (DOS) because you:
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Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, an approved Form I-140, Petition for Alien Worker, or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and have paid the immigrant visa processing fee to DOS, and you are currently in the process of obtaining your immigrant visa.
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Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee) and are currently in the process of obtaining your immigrant visa
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Are the spouse or child of a principal beneficiary of an approved immigrant visa petition and have paid the immigrant visa processing fee to DOS, or you are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative), and you are currently in the process of obtaining your immigrant visa; and
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NOTE: The Child Status Protection Act (CSPA) permits certain beneficiaries of immigrant visa petitions to retain classification as a child even if they have reached 21 years of age. Visit the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/green-card/green-card-processes-and-procedures/child-statusprotection-act-cspa for more information.
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NOTE TO DV PROGRAM SELECTEES AND DERIVATIVES: Because a DV Program selectee or derivative can only be issued a diversity immigrant visa during the fiscal year for which the DV Program selectee registered, you can only obtain a provisional unlawful presence waiver while you are in the process of obtaining the immigrant visa with DOS. You are in the process of obtaining an immigrant visa if the DOS Kentucky Consular Center (KCC) has assigned you a DV case number, and you are awaiting an immigrant visa interview while in the United States
4. You believe you are or will be inadmissible only for a period of unlawful presence in the United States that was:
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More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
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One year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
How to Apply for an I-601A Waiver?
To apply a provisional waiver for the 3 or 10 year ban on returning to the United States due to unlawful presence, use 601a waiver, a standalone application. You cannot file this form alongside any other applications, petitions, or immigration benefit requests.
Key Requirements for Applicants
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Physical presence in the U.S.: You must be physically present in the United States at the time of filing Form I601A.
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All applicants are required to appear for a biometrics appointment at a USCIS facility. USCIS may also request that you attend an interview or provide additional fingerprints, photographs, or signatures to verify your identity and conduct background and security checks, which may include an FBI criminal history record check.
Proving Extreme Hardship
One of the crucial elements of the Form I-601A application is demonstrating that your U.S. citizen or lawful permanent resident (LPR) spouse or parent (if you're unmarried) would suffer extreme hardship if the waiver is not granted.
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The qualifying relative does not have to be the person who filed the immigrant visa petition on your behalf. If you're unmarried, they must be your U.S. citizen, LPR spouse, or parent.
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Other relatives, such as siblings, are not considered qualifying relatives for the purpose of establishing extreme hardship, even if they are sponsoring your green card and would experience hardship if you were denied.
What is the processing time for the i601a waiver Sep 2024?
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Submission: Once you've gathered all the necessary evidence and documentation, you can file Form I-601A either by mail or through your USCIS online account.
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Processing: USCIS will process your application, schedule your biometrics appointment, and may request an interview. They will inform you of the outcome after reviewing your case.
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Processing Time: For Form I-601A, the average processing time is 42.5 months.
Important Considerations
Review immigration status requirements: When applying for this waiver, it's critical to carefully read the sections of the Form I601A instructions related to your immigration status. Understanding these requirements can help prevent delays or denials of your application.​
I-601a Filing Fee
Filing I-601a waiver fee, requires the fee of $795 as of Sep 19, 2024.​
I-601A Processing Time Sep 2024
How long does it take for i601a waiver to be approved?
I-601a processing time typically takes 42.5 months to be processed on average once it is submitted as 80% of the cases are completed within the aforementioned duration.
Note: When you are applying for this waiver, you need to make sure that you read the instructions for the section of the Form I-601A that pertains to your immigration status very carefully.
What Evidence Should You Submit?
When applying for immigration benefits, ensuring that you provide all required evidence is crucial to the success of your application. Failing to submit the requested documentation may lead to delays or outright denials of your petition. As outlined by USCIS, following these instructions can streamline the process and ensure that your case is handled efficiently.
Submitting Primary and Secondary Evidence
When possible, you must submit primary evidence, such as birth certificate or marriage certificates. If such documents are unavailable, secondary evidence like court records or school documents may suffice. Should both primary and secondary evidence be unattainable, affidavits from individuals with personal knowledge of the circumstances can be provided. It is essential to explain why primary and secondary evidence are unavailable to avoid application rejection under 8 CFR 103.2(b)(1).
Immigrant Visa Petition Approval Notice or DV Entrant Status Check
For those seeking a provisional unlawful presence waiver, including a copy of the USCIS approval notice (Form I-797, Notice of Action) for the immigrant visa petition is highly recommended. Although failure to submit this document won’t automatically result in denial, it could lead to significant processing delays. If you are a Diversity Visa (DV) Program selectee, ensure you include a printout from the DOS Electronic Diversity Visa Entrant Status Check page.
Evidence of Relationship to Qualifying Relative
If your immigrant visa petition is based on an approved family-sponsored visa, the petitioner likely provided evidence of your relationship when filing. However, if your petition is based on employment or DV selection, or you claim extreme hardship to a qualifying relative, you must submit documentation establishing your relationship. This could be a marriage certificate, birth certificate, adoption decree, or other relevant legal documentation.
Establishing U.S. Citizenship or LPR Status
If claiming extreme hardship to a U.S. citizen or lawful permanent resident (LPR) relative, you need to provide evidence of their citizenship or residency status. Acceptable forms include birth certificates, naturalization certificates, unexpired U.S. passports, or permanent resident cards (front and back). Failing to present this evidence could delay or complicate your case.
Proving Admission or Parole at a U.S. Port-of-Entry
If you claim to have been inspected and admitted or paroled by U.S. Customs and Border Protection, submit your Form I-94, passport admission stamp, or other DHS-issued documents to prove your last lawful entry into the United States. If these are unavailable, secondary evidence or sworn statements can be provided.
Demonstrating Extreme Hardship
To bolster your claim for a waiver, submit evidence that proves your qualifying relative would experience extreme hardship if your application is denied. This could be due to factors related to health, financial stability, education, personal circumstances, or special factors like cultural obstacles or persecution fears. Supporting documentation such as expert opinions, financial records, medical reports, and personal affidavits can significantly strengthen your case.
Establishing Favorable Discretion
USCIS has discretion over the approval of I601a. To ensure your case is viewed favorably, present evidence that highlights the positive factors of your case, such as family ties in the U.S., evidence of hardship, or reformation. Weigh these favorable factors against any potential negative aspects to provide a comprehensive argument for approval.
By meticulously gathering and submitting all required documentation and making a compelling case, you increase your chances of a smooth approval process. Be sure to follow the USCIS instructions to the letter and consult with a legal expert if needed to ensure your application’s success.
Where to file I-601a?
You can file Form I-601A either online or by mail. For online submission, please refer to the instructions page available on our website and provided by USCIS. When mailing, take these five steps for successful filing at the USCIS Lockbox:
Note: If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, they may reject your form.
Form Filing Tips
Filing Tips for Form I-601A, Application for Provisional Unlawful Presence Waiver.
Uscis will reject your form i601a if any of the following are missing:
Part 1 – Information About You
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Alien Registration Number (A-Number) (if any)
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Family Name
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Your U.S Physical Address
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Date of Birth
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Country of Birth
Part 3 – Information About Your Immigrant Visa Case
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Basis on which you are immigrating to the United States (1.a. – 1.e.)
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DOS Diversity Visa Case Number (KCC Case Number) (if applicable)
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USCIS receipt number for your approved immigrant visa petition (Form I-130, I-140 or I-360) (if applicable)
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DOS Consular Case Number (NVC Case Number) (if applicable)
Include all required supporting documentation and evidence listed in the form instructions, including:
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Evidence that you are the beneficiary of an approved immigrant visa petition, Diversity Visa Program selectee, or derivative including:
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A copy of your Department of State immigrant visa processing fee receipt (IV fee payment receipt). The fee receipt must show that the fee has been paid in full. Documents such as the immigrant visa application processing fee bill invoice, Affidavit of Support (AOS) Fee receipt or a receipt showing the payment is in process are not sufficient and could cause delays in processing your case. See the National Visa Center website to learn how to obtain your immigrant visa fee receipt.
Or
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A printout from the Electronic Diversity Visa Entrant Status Check page at dvprogram.state.gov confirming you are a DV Program selectee or derivative.
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If you have any attachments, make sure your name and either your A-Number or Forms I-130, I-140 or I-360 receipt number are on every page.
NOTE: Don’t forget to sign your form. Uscis rejects any unsigned form.
Important Informative Questions Regarding
I-601A Waiver
Q1. Who Is Not Eligible For A Provisional Waiver For Unlawful Presence?
You are not eligible for a provisional unlawful presence waiver and USCIS will deny your application if any of the following apply:
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You do not meet all of the requirements listed in the Who May File Form I601A section of these instructions;
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You have Form I-485, Application to Register Permanent Residence or Adjust Status, pending with USCIS;
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You are in removal proceedings, unless your removal proceedings are administratively closed and you have not been placed back on the Department of Justice's (DOJ) Executive Office for Immigration Review (EOIR) calendar for continued removal proceedings at the time you file your Form I-601A;
NOTICE: Even if your removal proceeding has been administratively closed, you are still "in removal proceedings" until EOIR finalizes or dismisses your case. However, you may apply for a provisional unlawful presence waiver if EOIR has not put your removal proceeding back on its calendar to continue your removal proceedings.
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You are subject to a final administrative order of removal, exclusion, or deportation that has been entered or issued against you (including an order in absentia under section 240(b)(5) of the INA), unless you have requested, and USCIS has already granted, an application for permission to reapply for admission under section 212(a)(9)(A)(iii) of the Act and 8 CFR 212;
NOTICE: Permission to reapply for admission is also called "consent to reapply." The application is filed on Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. For more information about Form I-212, visit the USCIS website at www.uscis.gov/I-212.
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The Department of Homeland Security (DHS) has issued a final decision reinstating a prior deportation, exclusion, or removal order against you under section 241(a)(5) of the INA by serving you with Form I-871, Notice of Intent/Decision to Reinstate Prior Order, before you filed your application for a provisional unlawful presence waiver or while your application for a provisional unlawful presence waiver is pending;
NOTICE: You are not yet ineligible for the provisional unlawful presence waiver if DHS has only notified you that DHS intends to reinstate a prior deportation, exclusion, or removal order, but only if DHS issues a final order reinstitution the prior deportation, exclusion, or removal order. You should still inform USCIS if DHS has notified you that DHS intends to reinstate the order, as this fact may be important to the adjudication of your application.
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You are currently subject to an unexpired grant of voluntary departure from the immigration judge or the BIA; or
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Can I File Other Forms With Form I-601A?
You have not shown that your U.S. citizen or lawful resident spouse or parent would experience extreme hardship (difficulty) if denied admission to the United States or that USCIS should approve your application on a discretionary basis. You must show that denial of your admission would result in extreme hardship (difficulty) to your U.S. citizen or lawful resident spouse or parent. You must also establish that your case warrants a favorable exercise of discretion by showing that the favorable factors in your case should outweigh the unfavorable factors.
Q2. Can I File Other Forms With Form I-601A?
Form I-601A is a stand-alone application. You may not file Form I-601A with any other application, petition, or request for immigration benefits. You also should not file any other application, petition, or request for immigration benefits with Form I-601A or ask that these applications, petitions, or requests for immigration benefits be considered with Form I-601A.
If you file your Form I-601A with any of the following forms, your application will be REJECTED and returned to you with the application fee and the biometric services fee:
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Application to Register Permanent Residence or Adjust Status (Form I-485);
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Application for Permission to Admit into the United States After Deportation or Removal (Form I-212);
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Application for Employment Authorization (Form I-765).
NOTICE: You may file Form G-1145, E-Notice of Acceptance of Application/Petition, with Form I-601A to request that USCIS notify you electronically when USCIS accepts your Form I-601A application.
NOTICE: Applicants for a provisional unlawful presence waiver may not apply for adjustment of status in the United States based on Form I-601A. The provisional unlawful presence waiver is only effective if the applicant departs the United States, attends the immigrant visa interview scheduled by DOS at a U.S. Embassy or Consulate abroad, and the consular officer finds the applicant eligible for an immigrant visa. For more information about the immigrant visa process, please visit the DOS website at www.state.gov .
Q3. What Should I Do After Filing Form I-601A?
After you file your Form i601a, it is important that you provide all required documentation for your immigrant visa to the Department of State's National Visa Center (NVC). The NVC cannot schedule your immigrant visa interview until it receives all of your immigrant visa documentation. If you do not submit the required documentation, your case will be delayed.
Q4. What Next After I-601a Waiver Approval?
Once uscis approves provisional unlawful presence waiver check:
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If you are in removal proceedings, resolve your removal proceedings. If you are in removal proceedings and USCIS approves your Form I-601A, it is important that you resolve your removal proceedings before you leave the United States. Leaving the United States before your removal proceedings are resolved may delay the processing of your immigrant visa based on another ground of inadmissibility. Leaving the United States before your removal proceedings are resolved may also result in the automatic revocation of your approved provisional unlawful presence waiver. Visit the USCIS website for information on how to resolve your removal proceedings before you leave the United States.
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Depart the United States to attend your immigrant visa interview. You must depart the United States to attend your immigrant visa interview for the provisional unlawful presence waiver to be fully effective. If you do not, the Provisional Unlawful Presence Waiver will not take effect and the approval may no longer be valid.
Q5. How Long Is My Approved Provisional Unlawful Presence Waiver Valid and When Can USCIS Revoke It?
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Validity of an approved waiver (pardon). An approved provisional unlawful presence waiver goes into effect once you depart the United States, appear for your immigrant visa interview, and the DOS consular officer determines that you are admissible to the United States and can obtain an immigrant visa. immigrant visa. Once your waiver (pardon) goes into effect, it is valid indefinitely during the period of unlawful presence for which you have been waived.
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Validity of an approved waiver (pardon). An approved provisional unlawful presence waiver is automatically revoked and is no longer valid if:
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Enters or attempts to re-enter the United States without inspection and admission or parole:
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While your provisional unlawful presence waiver application is pending with USCIS;
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After your provisional unlawful presence waiver is approved; either
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Before your immigrant visa is issued;
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The DOS consular officer determines at the immigrant visa interview that you are ineligible to receive an immigrant visa because you are inadmissible for reasons other than the 3- or 10-year unlawful presence bars;
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The immigrant visa petition that served as the basis for the provisional unlawful presence waiver is revoked, withdrawn, or invalidated at any time, but is not restored on humanitarian grounds or converted to a widow(er) petition (Form I-360);
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Your immigrant visa record is terminated by DOS under section 203(g) of the INA, and has not been reinstated; either
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The DOS consular officer determines that you are not eligible for an immigrant visa.
Q6. What Happens If My Provisional Unlawful Presence Waiver Is Denied or Revoked or If I Withdraw My Pending Application?
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If your provisional unlawful presence waiver is denied or is approved but later revoked, or you withdraw your pending application:
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You can leave the United States to attend your immigrant visa interview and apply for a waiver (waiver) abroad. At your immigrant visa interview at the US Embassy or Consulate abroad, DOS will determine admissibility. If the DOS determines that you are inadmissible, based on unlawful presence or other grounds, you may file Form I-601, Application for Waiver (Waiver) of Grounds of Inadmissibility, with USCIS from abroad, if a certificate can be obtained. exemption (forgiveness).
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You can file a new Form I-601A along with the required application fee and biometric services fee. You must continue to meet all eligibility requirements for the provisional unlawful presence waiver at the time of filing, including the requirements to be physically present in the United States and to appear for your biometric services appointment at a Biometrics Support Center. USCIS applications (ASC).
The USCIS can initiate a removal proceeding. The denial of your request for provisional unlawful presence does not automatically trigger the initiation of removal proceedings. USCIS will follow its current guidelines for the initiation of removal proceedings. For more information about USCIS guidelines for the referral of cases and the issuance of Notices to Appear (NTAs) in removable and inadmissible alien cases, visit the USCIS website.