Individuals who entered the United States through the border and later seek to apply for an I-601A Provisional Unlawful Presence Waiver may face a critical procedural hurdle: their immigration court case must first be administratively closed or terminated.

Without this step, USCIS typically will not accept or process the waiver application.

Why Administrative Closure Matters

Administrative Closure or Termination pauses or ends removal proceedings, allowing applicants to pursue certain immigration benefits outside the courtroom.

However, obtaining such orders is not always easy. Immigration courts and the Department of Homeland Security (DHS) evaluate several factors before agreeing to closure or termination.

One key factor is whether DHS opposes the motion.

A Practical Example

Recently, our office successfully obtained Administrative Closure for a client seeking to move forward with a waiver process.

The motion submitted to the court was extensive—approximately 600 pages of supporting evidence. Importantly, DHS did not oppose the motion, which significantly increased the likelihood that the judge would grant administrative closure.

Key Takeaway

If you are in removal proceedings and wish to apply for an I-601A waiver, you should consult with an experienced immigration attorney. Properly prepared motions and supporting documentation can make a significant difference in whether the immigration court grants closure or termination.

Attorney Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. Every case is different. You should consult with an immigration attorney to evaluate your specific situation before taking any action.

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