Can You Get a 601A Waiver for Unlawful Presence? Find Out Here


Shawn Sedaghat, Esq.
If you’re looking for answers about whether you can get a 601A waiver for unlawful presence, you’ve come to the right place.
The I-601A waiver is a provisional waiver that helps individuals who have accrued unlawful presence in the United States avoid long family separations and stay on track with their immigrant visa process.
This article will cover everything you need to know about this provisional waiver, who qualifies, how the process works, and what you can expect along the way.
What Is a 601A Waiver for Unlawful Presence?
The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is a form of immigration relief. It allows certain immigrants who are applying for an immigrant visa to waive the penalties associated with unlawful presence in the U.S.
If someone has stayed in the U.S. without authorization for more than 180 days or more than a year, they can face a 3-year or 10-year bar from re-entering the country after they leave.
The 601A waiver helps prevent this by letting the immigrant apply for a waiver while still in the U.S.
Once approved, this waiver allows the immigrant to travel to their immigrant visa interview abroad and return to the U.S. as a Lawful Permanent Resident (LPR), or green card holder, without facing the typical re-entry bar.
Who Qualifies for the 601A Waiver?
To qualify for the 601A waiver, you must meet several important criteria:
- Unlawful Presence: You must have accrued unlawful presence in the U.S., meaning you stayed in the country without proper authorization.
- Physically Present: You must be physically present in the U.S. to apply for the waiver and provide your biometrics.
- Approved Immigrant Visa Petition: You must have an approved immigrant visa petition (such as an I-130 for family-based immigration) and a pending immigrant visa case with the U.S. Department of State.
- Qualifying Relative: You must show that your U.S. citizen or LPR spouse or parent would suffer extreme hardship if you are not granted the waiver.
- Visa Processing Fee Paid: You must have paid the immigrant visa processing fee to the National Visa Center (NVC).
It’s important to note that the I-601A waiver only addresses unlawful presence. If there are other grounds for inadmissibility, such as a criminal record, you will need to apply for a different waiver (Form I-601).

Steps to Apply for the I-601A Waiver
Here’s a step-by-step breakdown of how to apply for the 601A waiver:
- Approved Immigrant Visa Petition: The first step in the process is to make sure you have an approved immigrant visa petition (usually an I-130 for family members or an I-140 for employment-based visas).
- Pay the Immigrant Visa Processing Fee: Once your petition is approved, you will need to pay the immigrant visa processing fee through the National Visa Center (NVC). This is an essential step in moving forward with your waiver application.
- File the I-601A Waiver: Submit Form I-601A, Application for Provisional Unlawful Presence Waiver, along with supporting documents such as proof of your relationship to your qualifying relative, proof of extreme hardship, and your biometrics information.
- Biometrics Appointment: After submitting the waiver, you will receive a notice for a biometrics appointment where your fingerprints, photo, and signature will be collected.
- USCIS Review: USCIS will review your application and determine if your waiver should be approved. If approved, you will then proceed with the immigrant visa interview abroad.
Extreme Hardship Requirement
One of the most important aspects of the 601A waiver process is proving that your U.S. citizen or LPR relative (spouse or parent) will suffer extreme hardship if you are denied the waiver and required to remain outside the U.S. for an extended period.
Some of the factors USCIS considers when evaluating extreme hardship include:
- Health: If your relative relies on you for ongoing or specialized medical care that is not available or accessible in your home country.
- Financial Impact: Loss of income, the sale of property, or significant decline in the standard of living due to your absence.
- Emotional and Psychological Impact: Separation from family members, especially if your relative is emotionally or psychologically dependent on your presence.
- Educational and Personal Considerations: If your relative is pursuing education or career goals that would be disrupted if you were forced to leave.
- Special Considerations: Cultural, language, or religious barriers that your relative may face if they had to move to your home country.
The key is to demonstrate that your relative’s hardship would be much more significant than the typical hardship that occurs when a family is separated.
Filing Fees for the 601A Waiver
The filing fee for the I-601A waiver is \$630, plus an additional \$85 for biometrics. It’s important to include proof of payment when submitting your waiver application. You can pay by check, money order, or credit card (if filing at a USCIS Lockbox facility).
What Happens After the Waiver is Approved?
After your 601A waiver is approved, the next step is to attend your immigrant visa interview at a U.S. consulate or embassy abroad. This is where a consular officer will review your case and determine if you are eligible for an immigrant visa (green card).
Here’s what to expect:
- Scheduling the Immigrant Visa Interview: The National Visa Center (NVC) will schedule your immigrant visa interview within a few months of your waiver approval.
- Attending the Interview: You will need to bring important documents such as your passport, medical exam results, and any updated forms to the interview.
- Issuance of the Immigrant Visa: If the consular officer approves your immigrant visa application, you will receive a visa stamp in your passport allowing you to return to the U.S. as a Lawful Permanent Resident.
After receiving the visa, you’ll be able to re-enter the U.S. and obtain your green card. At this point, you’ll officially become a Lawful Permanent Resident (LPR) and can live and work in the U.S. legally.
Can the I-601A Waiver Be Denied?
Yes, the 601A waiver can be denied if:
- You fail to meet any of the eligibility requirements.
- USCIS determines that your U.S. citizen or LPR relative will not suffer extreme hardship.
- There are additional grounds of inadmissibility beyond unlawful presence (such as criminal history or immigration fraud).
If your waiver is denied, you may file a traditional Form I-601, or you may need to explore other immigration options. Consulting with an experienced immigration lawyer can help you understand your options and avoid unnecessary delays or denials.

Provisional Waiver and Diversity Visa Program
If you are selected for the Diversity Visa Program (DV Program), you may also qualify for the 601A waiver. The DV Program is a U.S. government lottery that randomly selects applicants from countries with low immigration rates to apply for permanent residency.
To qualify for the 601A waiver under the Diversity Visa Program, you must meet the same requirements as other applicants, including proving extreme hardship for your U.S. citizen or LPR relative.
Consular Interview for the 601A Waiver
The consular interview is the final step in the waiver process. After your 601A waiver is approved, you will attend an immigrant visa interview at the U.S. embassy or consulate in your home country. The consular officer will review your case and decide whether to grant you the visa. If no additional grounds for inadmissibility are found, you will receive your visa and can return to the U.S.
If other grounds of inadmissibility are discovered, you may be required to file additional waivers before you can complete the immigration process.
Processing Times for the 601A Waiver
The processing time for the 601A waiver can vary, but it typically takes about 4-6 months for USCIS to make a decision. Once the waiver is approved, it takes another 2-3 months for the National Visa Center to schedule your immigrant visa interview. Keep in mind that delays can occur if additional evidence is requested or if consular processing times are backlogged.
Conclusion
The 601A waiver for unlawful presence is a critical option for immigrants who have accrued unlawful presence and want to avoid the 3-year or 10-year re-entry bar. By applying for the waiver, you can reduce the time you spend separated from your family while continuing your immigrant visa process.
If you think you may qualify for the 601A waiver, it’s always a good idea to consult with an experienced immigration attorney who can guide you through the application process and help you avoid common pitfalls.
FAQs
How long does it take to process the 601A waiver?
Processing times for the 601A waiver typically range from 4 to 6 months, followed by an additional 2 to 3 months for the immigrant visa interview.
Can the 601A waiver be expedited?
USCIS does not offer premium processing for the 601A waiver, but in rare cases, you may request expedited processing.
What happens after the 601A waiver is approved?
Once the 601A waiver is approved, you will attend an immigrant visa interview at a U.S. consulate or embassy abroad, where a decision will be made on your immigrant visa.
Who qualifies for the 601A waiver?
To qualify, you must have unlawful presence, an approved immigrant visa petition, and a U.S. citizen or LPR relative who would suffer extreme hardship if you were not granted the waiver.
Can the 601A waiver be denied?
Yes, the waiver can be denied if you do not meet the eligibility criteria or if USCIS determines your U.S. citizen or relatives that are lawful permanent residents will not suffer extreme hardship.