Immigration Forms
I-601A: Everything You Need to Know
In this comprehensive guide, we'll walk you through everything you need to know about the I-601A waiver. We'll cover what the I-601A is used for, who needs to file the I-601A, how to apply, what documents you'll need, and what to expect during the process.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
11 min read • Sep 06, 2024
Key takeaways
The i-601A helps those in the U.S. without legal status who need to leave the country to apply for a green card. This I-601A waiver lets you ask for forgiveness for overstaying your visa before you leave.
As of January 2024, it takes about 43.5 months for most I-601A applications to be processed, from submission to decision.
Once your I-601A is approved, you’ll need to leave the U.S. and apply for your green card at a U.S. consulate or embassy in your home country. This is the final step to returning to the U.S. as a permanent resident.
Manifest Law simplifies the I-601A waiver process. Our expert team will help with your application, gather necessary evidence, and guide you through the next steps after approval.
Are you dreaming of making the United States your new home but facing unexpected challenges? You’re not alone. Many hopeful immigrants hit a roadblock when they’re labeled “inadmissible” by U.S. authorities, a term that can feel like the end of your immigration journey. But there’s good news—the I-601A waiver could be the solution you need to stay on track.
The I-601A is designed for those who have overstayed their visa but have close family members who are U.S. citizens or permanent residents. In this guide, we explain the eligibility requirements for the I-601A, filing fees and processing times, and what to expect after your I-601A is approved.
The I-601A lets you ask for forgiveness for overstaying your visa before you leave the country to apply for a US Green Card.
The I-601A is a form that allows certain immigrants in the U.S. to apply for a provisional waiver of unlawful presence. In simpler terms, it's a way for people who have been in the U.S. without legal status to request forgiveness, so they can leave the country to apply for a green card without becoming barred from re-entering the United States.
If you are married to a U.S. citizen or has a parent who is a U.S. citizen, you may qualify to use the I-601A to reduce the risk of being separated from your family for a long time.
Normally, if you’ve been in the U.S. without permission, leaving the country could trigger a ban on returning, which could last 3 or 10 years. The I-601A waiver helps you avoid this ban by proving that your absence would cause extreme hardship to your U.S. citizen spouse or parent.
Once the waiver is approved, you can attend your green card interview in your home country with peace of mind, knowing that you’ll be allowed to come back to the U.S. quickly and join your family.
I-601 is used for a broader range of issues and can be filed from outside the U.S., while the I-601A is specifically for dealing with unlawful presence and allows you to apply while still in the country.
You're in the U.S.: You must be physically present in the U.S. when filing the I-601A.
You're at Least 17 Years Old: To file an I-601A, you need to be at least 17 years old at the time of your application.
You Have an Immigrant Visa Case Pending: You should already have an immigrant visa case pending with the U.S. Department of State. This usually means that you have a qualifying family member, like a U.S. citizen spouse or parent, who has petitioned for you, and your visa case is moving forward.
Checking the status of your I-601A Waiver application is straightforward. Here’s how you do it:
Visit the USCIS Website: Go to the USCIS Case Status Online page at USCIS Case Status.
Enter Your Receipt Number: You’ll need your receipt number, which you should have received on the receipt notice from USCIS. This number is typically a 13-character code that starts with three letters followed by a series of numbers.
Submit Your Request: Navigate to the USCIS "Case Status Online" page. Enter the receipt number in the designated field and click on the “Check Status” button. The website will then display the current status of your I-601 Waiver application.
Review Status Updates: The status page will provide information about where your application stands in the process. It might show details such as “Case Received,” “Request for Evidence Issued,” or “Decision Notice Sent.”
Create a USCIS Account (Optional): You can also create a USCIS online account to receive automated updates and notifications about your case status.
At Manifest Law, our skilled immigration lawyers are here to simplify the I-601A waiver process for you. We’ll help you complete the application accurately and gather the evidence needed to show the extreme hardship your U.S. citizen or green card-holding spouse or parent would face if the waiver is not granted. Our goal is to make your application as strong as possible to boost your chances of approval.
Once your I-601A waiver is approved, we’ll guide you through the next steps, including preparing for your visa application abroad and meeting any additional requirements. Our personalized support ensures you receive tailored advice for your unique situation, making the process smoother and more manageable.
Ready to move forward? Book a free consultation with Manifest Law today. We’ll review your case, provide expert guidance on the I-601A waiver, and help you find the best path forward.
What is the i-601A used for?
Specifically, the I-601A is for people who are in the U.S. illegally and need to leave the country to apply for a visa, but who would face a long ban from re-entering the U.S. because of their unlawful presence.
If someone has been in the U.S. unlawfully for more than 180 days, they could be barred from re-entering the country for three to ten years once they leave. The I-601A waiver allows them to request forgiveness for this unlawful presence before they leave the U.S., reducing the risk of being separated from their families for a long time. If approved, they can go to their visa interview abroad with more confidence that they’ll be able to return to the U.S. quickly and rejoin their loved ones.
Why is my I-601A taking so long?
We know the frustration of it seeming like your I-601A waiver application is taking forever. Right now, the process can take around 43.5 months for many people due to the high volume of applications and the thorough review each case requires.
This time frame includes checking your documents, running background checks, and potentially asking for more information. If your case has unique details, it might take a bit longer. While waiting can be tough, staying updated and promptly responding to any requests from USCIS can help keep things on track.
Who needs I-601A?
The I-601A waiver is for undocumented immigrants currently in the U.S. who need to leave the country to apply for a visa.
If you’re a spouse, child, or parent of a U.S. citizen, and you’ve been in the U.S. illegally for more than 180 days, you may need this waiver. The I-601A helps you avoid a long re-entry ban by allowing you to apply for forgiveness before you leave the U.S. for your visa interview.
This means you can deal with your visa process with less worry about being separated from your family for an extended period.
Who is a qualifying relative for the I-601A waiver?
For the I-601A waiver, a “qualifying relative” is your U.S. citizen or green card-holding spouse or parent (if you’re unmarried). This person must prove that they would face extreme hardship if your waiver isn’t approved. It’s important to note that this qualifying relative doesn’t have to be the person who filed the immigrant visa petition for you. However, no other relatives, like siblings or children, can be considered for this hardship requirement.
How do I prove “proof of hardship” for I-601a waiver?
To get your I-601A waiver approved, you need to show how your U.S. citizen or green card-holding spouse or parent would face severe hardship if the waiver isn’t granted.
This means you need to provide clear evidence of how their lives would be affected—emotionally, financially, or physically.
Collect things like medical records, financial statements, and professional opinions to back up your claim. The more detailed and convincing your evidence, the better your chances. If you’re unsure about what to include, getting help from an immigration lawyer can make a big difference.
Can I file I-601a online?
As of 2024, you can’t file I-601A online. You’ll need to send it by mail—either through USPS or a courier service like FedEx or UPS.
What percentage of I-601A waivers are approved?
Approval rates for I-601A waivers can vary, but generally, a significant percentage of applications are approved. Success largely depends on the strength of your case and the quality of the evidence provided. The approval rate can be influenced by factors such as the completeness of your application and how well you demonstrate extreme hardship for your qualifying relative.
What happens if my I-601A is denied?
If your I-601A waiver is denied, it’s important to understand your options and take action quickly. First, you’ll receive a notice from USCIS detailing why your application was denied. This could be due to insufficient evidence, missing documentation, or other eligibility issues. Carefully review this notice to pinpoint exactly what went wrong.
Next, you have a few paths to consider: you can appeal the decision, request a reconsideration, or reapply with a stronger application. Each option involves different procedures, so choosing the right one is crucial. This is where Manifest Law can be a huge help. Our team will analyze the denial reasons, guide you through your options, and assist you in gathering additional evidence or making improvements to your application.
If you’re facing a denial and need professional guidance, book a free consultation with Manifest Law today. We’ll review your situation, provide clear advice, and help you find the best way forward.
Does the i601a expire?
The I-601A waiver itself doesn’t expire, but its approval is tied to your green card application process. It’s important to complete your green card application within the given timeframe to ensure everything stays on track. If you encounter any changes in your situation or have concerns, talking to an immigration lawyer can help you navigate any issues and keep your application on course.
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