​​​​What Is the I-601A Provisional Waiver?

Form I-601A is designed for individuals who entered the United States without inspection or overstayed their visa and must leave the U.S. to attend a visa interview at a U.S. embassy or consulate abroad. Normally, departing the U.S. after accumulating unlawful presence triggers a three-year or ten-year bar to reentry.

 

The I-601A waiver allows eligible applicants to request forgiveness of unlawful presence before leaving the United States, significantly reducing the risk of long-term separation from family. If approved, the I-601A waiver provisionally forgives unlawful presence only. The applicant must still depart the U.S., attend the immigrant visa interview, and demonstrate that no other inadmissibility issues exist. 

 

​​​​Who May Qualify for an I-601A Waiver?

​To qualify for an I-601A waiver, the applicant must generally be physically present in the United States and have an approved immigrant petition, such as a family-based petition filed by a U.S. citizen or lawful permanent resident. The applicant must also show that refusal of admission would cause extreme hardship to a qualifying relative. Qualifying relatives for an I-601A waiver are limited to U.S. citizen or lawful permanent resident spouses or parents. Children are not qualifying relatives for hardship purposes, although hardship to children may still be considered indirectly when evaluating hardship to a parent or spouse.​

​​

​​​What Is “Extreme Hardship”?

​Extreme hardship is more than normal emotional or financial difficulty caused by family separation. USCIS evaluates hardship on a case-by-case basis and considers the totality of the circumstances. Factors may include medical conditions, mental health concerns, financial dependence, country conditions abroad, educational disruption, caregiving responsibilities, and the cumulative impact of separation or relocation.

 

A strong waiver application carefully documents how the qualifying relative would suffer hardship both if the applicant is denied admission and if the qualifying relative were forced to relocate abroad. There is no single formula for extreme hardship, which is why detailed legal analysis and evidence preparation are essential.

​​

​​​​Other Immigration Waivers (Form I-601)

​While the I-601A waiver is limited to unlawful presence, Form I-601 may be used to request forgiveness for additional grounds of inadmissibility. These may include fraud or misrepresentation, certain criminal issues, health-related grounds, or prior removal orders, depending on the circumstances. Some applicants may need both an I-601A and an I-601, while others may only qualify for one. Each waiver has its own eligibility requirements, qualifying relatives, and legal standards. Determining the correct waiver strategy is one of the most important steps in avoiding delays or denials.

​​

​​​The Waiver Process and What to Expect

​The waiver process typically begins after the underlying immigrant petition (for example, a family petition) is approved. Then, after the waiver is filed, USCIS reviews the application, supporting evidence, and hardship arguments. Processing times vary and can be lengthy. If the waiver is approved, the applicant may proceed with consular processing. If denied, options may be limited, making careful preparation from the beginning critical. Because waiver cases involve discretion, there is no guarantee of approval. USCIS weighs positive factors against negative ones, and well-organized evidence and persuasive legal arguments can significantly impact the outcome.

​

​​​​​​​​

Attorney Fee: $5000

✓ Processing Time: 12–36 months.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees. 

​​

​​​​​​​​​​​

At Dream Immigration Law, we approach waiver cases with careful legal analysis and honest guidance. Our goal is to help families move forward with clarity, minimize risk, and pursue permanent residency with confidence.