I-601A Provisional Waiver

I-601A Provisional Unlawful Presence Waiver

The I-601A provisional waiver is designed to help immediate relatives of U.S. citizens who need to leave the United States for consular processing but have accumulated unlawful presence.

It allows them to apply for the waiver before departing — reducing the time spent separated from their U.S. family.

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How It Differs From the I-601

Unlike the I-601 (filed after a consular denial), the I-601A is filed and adjudicated by USCIS while the applicant is still in the United States.

If approved, the applicant can then travel abroad for their consular interview knowing the unlawful presence bar has been provisionally waived.

Eligibility Requirements

Must be an immediate relative of a U.S. citizen (spouse, child, or parent)
Must have an approved I-130 petition
Must be physically present in the United States at the time of filing
Must be otherwise eligible to apply — no other bars (criminal, fraud, etc.) that are not waivable

What Happens After Approval

Once the I-601A is approved, USCIS notifies the National Visa Center, which then schedules your consular interview. At the interview, the consular officer confirms the waiver applies and, if all other requirements are met, issues the immigrant visa.

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