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Law Offices of David Kaplan
Updated October 2026Leer en español

The I-601A provisional waiver: fixing your status without a long separation

Many people who entered without inspection, or who overstayed, have a U.S. citizen or green card holder spouse or parent but cannot get a green card inside the United States. The I-601A provisional waiver can let them fix their status with a short trip abroad instead of years of separation.

The problem: the 3- and 10-year bars

Unlawful presence of more than 180 days, followed by leaving the U.S., triggers a 3-year bar on returning. More than one year triggers a 10-year bar. People who entered without inspection usually must leave to attend their immigrant visa interview abroad, and leaving is what activates the bar.

The solution: ask for forgiveness before you leave

With Form I-601A, you ask USCIS to waive the unlawful presence bars while you are still in the U.S. If it is approved, you travel for your consular interview knowing that this ground has already been forgiven, and you return with an immigrant visa.

Who may qualify

Proving extreme hardship

Ordinary sadness and separation are not enough. Strong cases document specific, combined hardships, such as:

When the I-601A is not enough

The provisional waiver only covers unlawful presence. Other problems, such as fraud or misrepresentation, certain criminal history, a prior removal order, or returning without inspection after more than a year of unlawful presence, need a different strategy or may not be waivable. If you are in removal proceedings, special rules apply. We review these issues before anything is filed.

The steps, in order

  1. Your relative files Form I-130, and it is approved.
  2. You pay the Department of State immigrant visa fee through the National Visa Center.
  3. You file Form I-601A with evidence of extreme hardship. The USCIS fee is $795.
  4. You attend a biometrics appointment and wait for a decision.
  5. After approval, you complete the remaining visa steps, including Form DS-260, and attend your interview at the U.S. consulate in your country.
  6. You return to the U.S. with your immigrant visa and receive your green card.

Government fees as of October 2026. USCIS changes fees from time to time; confirm the current amount on Form G-1055 before you file.

This guide is general information, not legal advice. Immigration law and fees change, and every case is different. Talk to a lawyer about your situation.

Related service: Waivers