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Humanitarian

Form I-601A

Application for Provisional Unlawful Presence Waiver

Allows certain immediate relatives of U.S. citizens to apply for a provisional waiver of the 3-year or 10-year unlawful presence bar before leaving the U.S. for consular processing.

Filing fee
$795
Biometrics
No fee
Typical processing
12 to 30 months
Current USCIS times for I-601A

Who can file

  • Immediate relatives of U.S. citizens with approved I-130 petitions
  • Present in the U.S. at time of filing
  • Must demonstrate extreme hardship to qualifying U.S. citizen relative
  • Must be 17 years or older

Send with it

  • Evidence of approved I-130 petition
  • Evidence of qualifying relationship
  • Extreme hardship evidence (medical, financial, psychological)
  • Country condition evidence

Worth knowing

  • This allows you to get the waiver BEFORE traveling abroad for the consular interview
  • Significantly reduces the time spent outside the U.S. during consular processing
  • The extreme hardship standard is the same as I-601
  • If approved, you still must attend the consular interview abroad

Common mistakes

  • Insufficient extreme hardship evidence
  • Not having an approved I-130 before filing
  • Leaving the U.S. before the waiver is approved

Questions

How much does Form I-601A cost?
The USCIS filing fee for Form I-601A is $795.
How long does Form I-601A take?
Typically 12 to 30 months, depending on the office and the category. Check the current USCIS times for your office before you plan around it.

Fees are as published by USCIS. Confirm on USCIS's fee schedule (G-1055) before you pay - a wrong fee gets a filing rejected. General information, not legal advice.