New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Forms

I-601A Application for Provisional Unlawful Presence Waiver

Forgives unlawful presence before the applicant leaves the country for a consular interview, so the family is not separated for years while a waiver is decided abroad. It waives only unlawful presence - nothing else - and it is filed and decided while the applicant is still in the United States.

Fee
$795. $0 for VAWA self-petitioners and Special Immigrant Juveniles.
Fee waiver
Not available
Who files
People in the United States with an approved immigrant petition who will consular process and whose only inadmissibility is unlawful presence.
Where to file
By mail to the USCIS Chicago lockbox.
Processing time
24.2 months (FY 2026 national median through June 30, 2026)

Usually filed with

Part of these processes

What changed in 2025 and 2026

  • It does not help if there is any other ground of inadmissibility, including a prior removal order, which needs an I-212 as well. Approval is provisional and only takes effect on departure; a consular officer who finds another ground can still refuse the visa.

Official page. https://www.uscis.gov/i-601a. Download the form there, never from a third-party site; check the edition date and fee before filing.