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Form I-601A provisional waiver: the $795 fee and how it works

The I-601A ($795) lets some people in the US ask USCIS to waive the 3- and 10-year unlawful-presence bars before leaving for a consular interview. The statute requires extreme hardship to a US citizen or permanent-resident spouse or parent. It takes effect only after departure and a consular interview.

A person who has been unlawfully present in the US and then leaves can be barred from coming back for three or ten years. The I-601A is a way to ask USCIS for a waiver of that bar before leaving, so that the person departs for the visa interview already holding a decision on the waiver.

This page sets out what the statute and the regulations say as at 9 October 2026: the fee, who the rule covers, who it excludes, what hardship the law looks at, when the waiver takes effect, and what happens if USCIS says no. It does not tell anyone whether they are eligible. The eligibility list has several exclusions, and applying them to a person's history is a legal assessment for an attorney or a DOJ-accredited representative. A mistake here has serious consequences, and a person who is in removal proceedings or has a prior removal order should read the exclusions in 8 CFR 212.7(e)(4) before anything else.

The bars the waiver addresses

INA 212(a)(9)(B), at 8 U.S.C. 1182(a)(9)(B)(i), makes inadmissible an alien (other than a permanent resident) who:

  • "(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed… prior to the commencement of proceedings… and again seeks admission within 3 years of the date of such alien's departure or removal"; or
  • "(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal".

The statute defines "unlawfully present" as being present "after the expiration of the period of stay authorized" or "without being admitted or paroled" (1182(a)(9)(B)(ii)). Time under age 18 does not count (iii)(I), and there are further exceptions for asylum applicants (with a work-authorization condition), family unity beneficiaries, certain battered persons and trafficking victims, and a tolling rule of up to 120 days for a timely, non-frivolous change or extension application (iii)–(iv).

The bars run from departure. Both clauses measure the period from "the date of such alien's departure or removal". The provisional route in 8 CFR 212.7(e) lets USCIS decide the waiver before the person leaves for the consular interview. The alternative the regulation describes is applying for the waiver after departing and attending the interview (212.7(e)(9)(i)).

The waiver standard is in the statute. 1182(a)(9)(B)(v): "The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien." "No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause."

Note who the hardship is measured against: the citizen or permanent-resident spouse or parent, not the applicant, and not a child.

The fee and what the form is

Fee. 8 CFR 106.2(a)(34) sets the fee for Form I-601A, Application for Provisional Unlawful Presence Waiver, at $795. It is not among the fees changing on 16 October 2026. The I-601A is not on the list of fees that may be waived without condition in 8 CFR 106.3(a)(3)(i). It does appear in the humanitarian fee exemptions in 106.3(b) for certain categories of applicant. Check the USCIS fee schedule (G-1055) before paying.

Where it sits among other costs. The I-601A is one fee in a longer sequence. A family-based consular case also involves the I-130 ($675), the State Department immigrant visa fee ($325 for family applications) and the USCIS immigrant fee ($235); see our marriage green card cost guide. A person who cannot use the I-601A route and applies for a waiver on Form I-601 pays $1,050 (8 CFR 106.2(a)(33)).

Biometrics. Applicants must provide biometrics at a USCIS location in the US (212.7(e)(3)(ii), (e)(6)(i)). Failing to appear leads to the application being "considered abandoned and denied", with no appeal or motion allowed (212.7(e)(6)(ii)).

Rejection for errors. The application will be rejected, with the fee and package returned, if the filer fails to pay the correct fee, fails to sign, fails to give family name, domestic address and date of birth, is under 17, or does not include evidence of an approved immigrant visa petition (or Diversity Visa selection) and proof the State Department immigrant visa fee has been paid (212.7(e)(5)(ii)). The general rule in 8 CFR 103.2(a)(7)(ii)(D) also rejects a benefit request without the correct fee.

No work or travel documents. 212.7(e)(2)(ii): a pending or approved provisional waiver "does not support the filing of any application for interim immigration benefits, such as employment authorization or an advance parole document". Any such application filed in connection with it "will be rejected". The waiver does not grant status or a period of authorized stay.

Who the regulation covers and who it excludes

Who may apply. 8 CFR 212.7(e)(3) lists the conditions. The applicant must:

  1. be present in the US at the time of filing;
  2. provide biometrics in the US;
  3. be one who, on departure, "would be inadmissible only under section 212(a)(9)(B)(i) of the Act at the time of the immigrant visa interview";
  4. have a case pending with the State Department based on an approved immigrant visa petition for which the State Department immigrant visa processing fee has been paid, or on selection in the Diversity Visa program;
  5. depart the US to obtain the immigrant visa; and
  6. meet the statutory waiver requirements.

Condition 3 carries a lot of weight. A person who would be inadmissible on any other ground at the interview does not fit the provisional route, and the regulation gives USCIS no room to waive other grounds through it: an approved I-601A "does not waive any ground of inadmissibility other than… the grounds of inadmissibility under section 212(a)(9)(B)(i)(I) or (II)" (212.7(e)(12)(iii)).

Who is excluded. 212.7(e)(4) says a person is ineligible if:

  • under the age of 17;
  • not a person whose State Department case rests on an approved petition with the processing fee paid, or Diversity Visa selection;
  • in removal proceedings with no final order, "unless the removal proceedings are administratively closed and have not been recalendared" at filing;
  • subject to an administratively final order of removal, deportation or exclusion, unless USCIS has already granted consent to reapply for admission before the person applies;
  • subject to a reinstated prior removal order; or
  • the holder of "a pending application with USCIS for lawful permanent resident status".

A person in any of these groups is not covered by the provisional route, though other routes may exist. Those are for an attorney or accredited representative to assess.

Burden. The applicant must establish eligibility "by a preponderance of the evidence", including that the applicant "merits a favorable exercise of discretion" (212.7(e)(7)). The decision is discretionary, and a pending or approved waiver "does not constitute a grant of a lawful immigration status" (212.7(e)(2)(i)).

Decision, effect and what can go wrong

No appeal. 8 CFR 212.7(e)(11): "There is no administrative appeal from a denial of a request for a provisional unlawful presence waiver… The alien may not file… a motion to reopen or reconsider a denial". A denial "is without prejudice to the alien's filing another provisional unlawful presence waiver application", provided all requirements are met, including that the State Department case is still pending (212.7(e)(9)(i)). USCIS "may deny an application… without prior issuance of a request for evidence or notice of intent to deny" (212.7(e)(8)). Because of that, there may be one chance to put the evidence in front of the officer.

Effect. A grant "does not take effect unless, and until," the applicant (A) departs the US, (B) appears for the immigrant visa interview at a US embassy or consulate, and (C) is "determined to be otherwise eligible for an immigrant visa by the Department of State in light of the approved provisional unlawful presence waiver" (212.7(e)(12)(i)). Until then USCIS may reopen and reconsider its decision "at any time" (212.7(e)(13)). Once effective, the waiver covers the unlawful presence "for which the provisional unlawful presence waiver is granted… indefinitely", but only for the immigrant visa and admission based on the underlying petition (212.7(e)(12)(ii), (13)).

Automatic revocation. Approval is revoked automatically if the State Department denies the visa for a reason other than the unlawful-presence bars; if the visa petition approval is revoked, withdrawn or invalidated; if the visa registration is terminated under INA 203(g); or if the person "enters or attempts to reenter the United States without inspection and admission or parole" after filing and before the waiver takes effect (212.7(e)(14)). If the State Department denies on another ground, the person may still apply for a waiver in the ordinary way, on the I-601, from abroad (212.7(e)(14)(i) and (a)(1)).

Where cases go wrong, from the rules above:

  • leaving the US before the I-601A is decided, which triggers the bar without the waiver's protection;
  • filing before the State Department processing fee has been paid;
  • being inadmissible on another ground that the I-601A cannot waive;
  • weak or missing hardship evidence for a qualifying spouse or parent, with no request-for-evidence safety net;
  • not realising that children do not count for the statutory hardship test;
  • not appearing for biometrics;
  • assuming the waiver gives work or travel permission.

Who may help. An I-601A turns on legal judgments: whether the bar applies, whether another ground exists, whether a person is excluded, and how to present hardship. Those are advice. Only attorneys, DOJ-accredited representatives and the few other categories in 8 CFR 292.1 may give it before USCIS. USCIS's own guidance says notaries "are not attorneys and cannot represent you in legal matters, including immigration cases".

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

How much is the I-601A fee in 2026?

$795 under 8 CFR 106.2(a)(34). It is not among the fees changing on 16 October 2026. The I-601 waiver filed from abroad costs $1,050. Check the USCIS fee schedule before paying.

Who can apply for the I-601A?

8 CFR 212.7(e)(3) lists the conditions: present in the US, biometrics given, inadmissible only for unlawful presence, a State Department case pending on an approved petition with the processing fee paid, and departing to get the visa. Several groups are excluded under 212.7(e)(4), including people in active removal proceedings and people with final removal orders. Applying this to a history needs an attorney or accredited representative.

What hardship does the I-601A look at?

The statute, 8 U.S.C. 1182(a)(9)(B)(v), requires extreme hardship to the US citizen or lawful permanent resident spouse or parent of the applicant. Hardship to the applicant or to children is not the statutory test.

Can I appeal if the I-601A is denied?

No. 8 CFR 212.7(e)(11) provides no administrative appeal and no motion to reopen or reconsider. A denial is without prejudice to filing again if all requirements are still met.

Does an approved I-601A let me work or travel?

No. A pending or approved provisional waiver does not support an application for employment authorization or advance parole, and it does not grant status or authorized stay (8 CFR 212.7(e)(2)).

Sources

Last checked 2026-10-09.

Related guides

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