Overview

Are you dreaming of making the United States your new home but facing unexpected challenges? You’re not alone. Many hopeful immigrants hit a roadblock when they’re labeled “inadmissible” by U.S. authorities, a term that can feel like the end of your immigration journey. But there’s good news—the I-601A waiver could be the solution you need to stay on track.

The I-601A waiver is designed for those who have overstayed their visa but have close family members who are U.S. citizens or permanent residents. In this guide, we explain the eligibility requirements for the I-601A, filing fees and processing times, and what to expect after your I-601A is approved.

What is the I-601A waiver?

The I-601A is a form that allows certain immigrants in the U.S. to apply for a provisional waiver of unlawful presence. In simpler terms, it's a way for people who have been in the U.S. without legal status to request forgiveness, so they can leave the country to apply for a Green Card without becoming barred from re-entering the United States.

If you are married to a U.S. citizen or has a parent who is a U.S. citizen, you may qualify to use the I-601A to reduce the risk of being separated from your family for a long time.

Normally, if you’ve been in the U.S. without permission, leaving the country could trigger a ban on returning, which could last 3 or 10 years. The I-601A waiver helps you avoid this ban by proving that your absence would cause extreme hardship to your U.S. citizen spouse or parent.

Once the waiver is approved, you can attend your green card interview in your home country with peace of mind, knowing that you’ll be allowed to come back to the U.S. quickly and join your family.

When did the I-601A start?

The I-601A waiver was introduced in March 2013 by USCIS. Before the I-601A existed, many undocumented immigrants had to leave the United States and wait for their visa applications to be processed, which often led to long and stressful separations from their families.

The I-601A waiver changed this by allowing eligible immigrants—like spouses and children of U.S. citizens—to apply for a waiver while still in the U.S. This means they could get a decision before leaving the country, making the entire process smoother and less risky.

If approved, they can attend their visa interview abroad with the peace of mind that they’re more likely to be eligible to re-enter the U.S.

What’s the difference between I-601 vs I-601A?

The I-601 and I-601A forms are both used to request waivers for certain immigration issues, but they serve different purposes and are used in different situations.

The I-601, also called the Application for Waiver of Grounds of Inadmissibility, is used by people who are outside the U.S. or applying for a green card from within the U.S. This form covers a wide range of issues, like unlawful presence, certain criminal records, and other reasons someone might be denied a visa or green card. If you're told you’re inadmissible during your application process, you can use the I-601 to ask for forgiveness and keep your application moving forward.

The I-601A, on the other hand, is more specific. It's called the Application for Provisional Unlawful Presence Waiver and is designed for people who are in the U.S. without legal status but need to leave the country to apply for a green card.

The I-601A focuses only on unlawful presence, which means being in the U.S. illegally. The advantage of the I-601A is that you can apply for this waiver while still in the U.S., so you can find out if it’s approved before you leave, which helps reduce the risk of being stuck outside the U.S. for a long time.

Eligibility Requirements for I-601A

You would file an I-601A if you're currently in the U.S. without legal status and need to leave the country to apply for a green card but want to avoid a travel ban from returning.

Here are some key situations where the I-601A is used:

• You're in the U.S.: You must be physically present in the U.S. when filing the I-601A.
• You have a qualifying relative: Usually, this means your spouse or parent is a U.S. citizen or permanent resident.
• You have an approved immigrant visa petition: For example, an approved Form I-130 petition (family-based).
• You can prove “extreme hardship”: You must show that your U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if you were denied reentry.
• You only need a waiver for unlawful presence: The I-601A does not waive other grounds of inadmissibility (like certain crimes or fraud).

Even if you meet these requirements, you may still be ineligible if you have certain criminal issues, have re-entered illegally after a prior removal, or have other inadmissibility issues.

USCIS will evaluate your situation carefully, and the details matter.

If you're unsure whether you qualify, it’s important to understand the difference between unlawful presence and other grounds of inadmissibility.

For example, if you have a prior removal order, multiple unlawful entries, or certain criminal convictions, you may need a different waiver strategy.

Eligibility can be nuanced, and it’s common to gather evidence early before filing.

How to Apply for an I-601A

Applying for an I-601A is a critical step if you're in the U.S. without legal status and need to leave the country to apply for a green card. Understanding and following these steps carefully is essential to ensure your application is successful.

Step 1: Fill Out the Form

Complete Form I-601A accurately and thoroughly. USCIS will review your answers for consistency and completeness.

Step 2: Gather Supporting Documents

Collect documents that establish your identity, your relationship to your qualifying relative, your approved immigrant visa petition, and—most importantly—evidence supporting extreme hardship.

Step 3: Prepare Your Extreme Hardship Evidence

USCIS requires proof that your qualifying relative (usually your U.S. citizen or permanent resident spouse or parent) would suffer extreme hardship if you are not allowed to return quickly.

• Medical records and letters from doctors
• Mental health evaluations
• Financial documents (pay stubs, bills, debt, tax returns)
• Evidence of family ties and caregiving responsibilities
• Country conditions evidence for your home country
• Affidavits and personal statements

Step 4: Pay the Filing Fee

Include the correct filing fee with your application. USCIS will reject the filing if the fee is missing or incorrect.

Step 5: Mail Your Application to the Correct Address

Send your complete packet to the appropriate USCIS filing address listed in the form instructions or on the USCIS website.

Step 6: Attend Biometrics (If Required)

USCIS may schedule a biometrics appointment. Attend as instructed to avoid delays.

Step 7: Wait for a Decision

Processing can take months. Monitor your case status and respond to any USCIS requests for evidence (RFEs).

I-601A Filing Fees

The general I-601A filing fee is $795 as of 2025.

This fee covers the cost of processing your waiver application and must be paid at the time you submit your form. This fee is non-refundable, even if your application is not approved, so it's important to make sure all parts of your application are completed accurately.

Fees can change, so check the USCIS website for the most current information before filing.

I-601A Filing Address

USCIS filing addresses can change. Always confirm the correct address on the USCIS website or in the form instructions, as addresses can occasionally change.

I-601A Processing Time

The current processing time for Form I-601A is on average, 29.5 months as of November 2025. This timeline reflects the time it typically takes from when you submit your application to when a decision is made by USCIS.

Processing times can vary depending on USCIS workload and your case specifics.

Can you expedite I-601A?

In limited situations, you may be able to request expedited processing. USCIS generally only expedites cases that meet specific criteria.

• Severe financial loss
• Urgent humanitarian reasons
• Compelling U.S. government interests
• Clear USCIS error

Expedite requests are discretionary and require strong supporting evidence.

I-601A Processing Time After Biometrics

Biometrics timing varies, and some applicants may see movement after biometrics are completed. However, biometrics does not guarantee an imminent decision.

USCIS will continue reviewing your application and may issue an RFE if additional information is needed.

What comes next after I-601A waiver approval?

Once your I-601A is approved, you must depart the U.S. and attend your immigrant visa interview at a U.S. consulate or embassy abroad.

Approval of the I-601A helps address unlawful presence, but you must still be admissible on all other grounds at your interview.

After the interview, if approved, you can return to the U.S. as a lawful permanent resident.

How to Check I-601A Status

You can check your case status using your receipt number on the USCIS Case Status Online tool.

If you move while your case is pending, update your address with USCIS to avoid missing notices.

How Keller Law can help

Preparing an I-601A waiver involves careful strategy and detailed evidence, especially around proving extreme hardship. Having guidance can help you avoid mistakes that cause delays or denials.

A well-prepared filing can improve clarity and reduce back-and-forth with USCIS.

Take the First Step:

If you’re considering an I-601A waiver, start by understanding eligibility and gathering hardship evidence early. This can make the process smoother and reduce surprises later.