Application for Provisional Unlawful Presence Waiver

Forms and Documents

Document Name	Status
Form I-601A Application for Provisional Unlawful Presence Waiver Form	Modified
I601A-INS-TOC-WIP-EA-08172015.docx Supplementary Document	2015-08-20
I601A-FRM-TOC-WIP-EA-08172015.docx Supplementary Document	2015-08-20
I-601A Supporting Statement.I-601A Expansion NPRM - Clean.doc Supporting Statement A	2015-07-08
SORN - United States Citizenship and Immigration Services Benefits Information System.doc Supplementary Document	2012-10-11
PIA - USCIS Benefits Processing of Applicants other than.pdf Supplementary Document	2012-10-11
I-601A Reference Citation..doc Supplementary Document	2012-01-27

IC Document Collections

IC ID	Document Title	Status
203919	Biometrics Services	Modified
200866	Application for Provisional Unlawful Presence Waiver Form	Modified

ICR Details

OMB Control No: 1615-0123	ICR Reference No: 201507-1615-001
Status: Historical Inactive	Previous ICR Reference No: 201503-1615-013
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-601A
Title: Application for Provisional Unlawful Presence Waiver
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/21/2015
	Date Received in OIRA: 07/09/2015
Terms of Clearance: After considering public comments and prior to publishing the final rule, USCIS should send an information collection request to OIRA for approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2017	36 Months From Approved	07/31/2017
Responses	70,000	0	70,000
Time Burden (Hours)	93,450	0	93,450
Cost Burden (Dollars)	1,519,000	0	1,519,000

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Abstract: Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act (the Act) provides for the inadmissibility of certain aliens who have accrued unlawful presence in the United States. There is also a waiver provision incorporated into section 212(a)(9)(B)(v) of the Act, which allows the Secretary of Homeland Security to exercise discretion to waive the unlawful presence grounds of inadmissibility on a case-by-case basis. The information collection required on an Application for Provisional Unlawful Presence Waiver of Inadmissibility, Form I-601A, is necessary for U.S. Citizenship and Immigration Services (USCIS) to determine whether the applicant meets not only the requirements to participate in the streamlined waiver process provided by regulation, but also whether the applicant is eligible to receive the provisional unlawful presence waiver.

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Authorizing Statute(s): US Code: 8 USC 1182 Name of Law: U.S. Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC03	Proposed rulemaking	80 FR 11111	07/08/2015

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 11111	07/08/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Application for Provisional Unlawful Presence Waiver	I-601A	Application for Provisional Unlawful Presence Waiver
Biometrics Services

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There has been an increase (47,966.55 annual burden hours) in the annual burden hours previously reported for this information collection. USCIS previously reported 93,450 burden hours and it is now reporting 141,416.55 burden hours. This change can be attributed to a change in USCIS's estimate for the number of respondents by 10,258 additional respondents (previously estimated 35,000 respondents while it is now estimates 52,965 respondents). See table under question 12 for more information.

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Annual Cost to Federal Government: $35,486,550

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/09/2015

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