I-601A Provisional Waiver for Unlawful Presence
2025 Fee Update
What is an I-601A Provisional Waiver?
The I-601A provisional waiver allows eligible immediate relatives of U.S. citizens and certain family members to apply for a waiver of the 3-year and 10-year unlawful presence bars while remaining in the United States. This process reduces the time families are separated during immigration processing.
Unlike the I-601 waiver, the I-601A is filed before departing the United States for consular processing. If approved, the individual can complete their immigrant visa interview with greater confidence that their waiver will be accepted.
Eligibility Requirements
To be eligible for an I-601A provisional waiver, you must:
- Be physically present in the United States when filing
- Be 17 years of age or older
- Have an approved immigrant visa petition or be eligible for one
- Have a qualifying relative who is a U.S. citizen or lawful permanent resident
- Show extreme hardship to qualifying relative if waiver is denied
- Only be inadmissible for unlawful presence (3/10-year bars)
Important Limitation
Qualifying Relatives
Your qualifying relative must be:
- U.S. citizen spouse
- U.S. citizen parent (for unmarried individuals)
- Lawful permanent resident spouse
- Lawful permanent resident parent (for unmarried individuals)
Extreme Hardship Standard
Hardship Factors
- Serious health conditions requiring specialized treatment
- Severe financial hardship beyond normal economic consequences
- Educational disruption and limited opportunities in home country
- Family ties and community connections in the U.S.
- Age-related factors and ability to adapt to new environment
- Language barriers and cultural considerations
- Country conditions including violence, instability, or persecution
Totality of Circumstances
Evidence is Critical
Required Evidence
Your I-601A application must include:
- Form I-601A with filing fee ($750 as of 2025)
- Evidence of approved immigrant visa petition or eligibility
- Proof of qualifying relationship (marriage/birth certificates)
- Evidence of extreme hardship to qualifying relative
- Medical records and health documentation
- Financial records and tax returns
- Educational records and employment history
- Country condition reports and documentation
- Psychological evaluations if applicable
Application Process
Confirm Eligibility
Ensure you meet all I-601A requirements and have qualifying relatives
Gather Evidence
Collect comprehensive documentation of extreme hardship factors
File Form I-601A
Submit application with filing fee while physically present in the U.S.
Attend Biometrics
Complete biometrics appointment at Application Support Center
Wait for Decision
USCIS reviews application and supporting evidence
Consular Processing
If approved, complete immigrant visa process at U.S. consulate abroad
Return to U.S.
Enter the U.S. with immigrant visa after waiver approval
Processing Information
Processing Time
Filing Fee
Approval Rate
After Approval
Next Steps After I-601A Approval
- 1Schedule immigrant visa interview at U.S. consulate in home country
- 2Complete required medical examination with panel physician
- 3Attend consular interview and present waiver approval notice
- 4Receive immigrant visa and return to the United States
Important Warnings
Critical Considerations
- Do not leave the U.S. until I-601A is approved - departure triggers inadmissibility
- If denied, you may be placed in removal proceedings when leaving the U.S.
- Consular officers can still deny visa applications even with approved waivers
- Legal representation is strongly recommended for waiver applications