Key Takeaways

  • The average processing time for Form I-601 is about 12 to 18 months, but it can vary depending on USCIS workload and case complexity.
  • Filing Form I-601A (Provisional Waiver) inside the U.S. generally shortens uncertainty compared to consular processing abroad.
  • Strong, well-organized evidence of "extreme hardship" is crucial for success; missing documents can significantly delay or harm your case.
  • USCIS occasionally updates processing locations and times; checking the official USCIS website is important.
  • Certain case factors, such as national security concerns, criminal history, or fraud, may extend or complicate the I-601 timeline.

I-601 Processing Time

i601 processing time varies from applicant to applicant. Applicants denied a visa or other immigration benefit, can resolve the issue with an I-601 waiver. Eligibility for filing an I-601 requires a relative that has lawful permanent residence.

USCIS K or V nonimmigrant visas are filed outside of the U.S. and require an interview. The I-601 application is filed if the visa interview was found inadmissible. The application supports explanation of the rationale to the request for waiver. Grounds of Inadmissibility that May be Waived: Heath grounds, certain criminal grounds, Alien smuggler grounds, Immigration fraud and misrepresentation, Labor certification, Immigrant membership in a totalitarian party, Being subject to a civil penalty.

“Extreme hardship” due to political circumstances, religious persecution, war, or famine qualify for consideration of immigrant applicants who are family members of U.S. citizens or permanent residents. The probability that an I-601 application will be approved depends on the strength of the evidence submitted with the waiver request. Inadequate evidence of extreme hardship is a common reason for USCIS denial of an I-601 applicant. Appeals of denials to the waiver of inadmissibility can be filed with a motion to reconsider an application based on additional documentation.

Temporary Protected Status is offered to waiver applicants on the grounds of inadmissibility that may be waived. An immigrant visa or adjustment of status on the grounds of the Violence Against Women Act (VAWA), allows a self-petitioner or the child of a VAWA self-petitioner, waiver of inadmissibility. Requests for adjustment of status as a Special Immigrant Juvenile based on an approved Form I-360 - Grounds of Inadmissibility that May be Waived are selective categories of persons considered by the USCIS for I-601 waiver approval.

Other factors to eligibility for an I-601 are vaccinations, affiliation with a Communist or any other totalitarian party, or immigration officer's opinion about an applicant's undesirability. Filing of an I-601 with the USCIS enables a person who has been deemed inadmissible to file a correction to a previously denied visa application or contest an immigration officer’s decision on grounds of extreme hardship.

Finally, a 3-year or 10-year bar as a result of previous unlawful presence in the U.S. can be reconsidered for a waiver of inadmissibility. Foreign nationals are inadmissible for 3 years if they have resided unlawfully in the U.S. for an uninterrupted period or more than 180 days, and less than one year, followed by voluntary departure before removal proceedings were initiated against them in court.

The filing fee for USCIS Form I-601 is $585 and is nonrefundable and payable by check or money order. Applicants found to conceal or misrepresent material fact on an I-601 waiver, or to have submitted false documents may be denied the waiver, and subject to penalties and criminal prosecution. Waiver appeal by filing Form I-290B, Notice of Appeal, with the USCIS Administrative Appeals Office is the proper due process to respond to what is believed by the applicant to be unwarranted denial.

Successful waiver is less likely if an applicant has a record of fraud, criminal conviction, or willful misrepresentation. Evidence of applicant participation in a rehabilitation program is an example of a mitigating factor that could strengthen an application that might otherwise be denied based on grounds of a criminal record. Unlawful presence in the U.S. is another common reason for denial and deportation. An immigration attorney can assist in advising a USCIS applicant when filing an I-601 application.

Factors That Affect I-601 Processing Time

Several factors influence how long it takes to process Form I-601:

  • USCIS Service Center Workload: Processing times differ across service centers based on caseload.
  • Completeness of Application: Missing documents or incomplete forms can cause Requests for Evidence (RFEs) and delays.
  • Complexity of the Case: Cases involving criminal records, fraud, or multiple grounds of inadmissibility may take longer.
  • Security Clearances and Background Checks: Cases flagged for additional vetting can experience extended processing times.
  • Country Conditions: Applicants from countries undergoing political instability or armed conflict may experience unpredictable delays.

According to current USCIS data, the estimated processing time for Form I-601 ranges from 12 to 18 months​

How Long Does I-601 Take to Process?

A USCIS applicant who filing a Form I-601 or any other immigration form will have to wait for the application to be fully processed before receiving a final decision. The USCIS posts average processing times for a variety of forms on its website. For the Form I-601, the most recent average Form I-601 processing times (as of the date of this article) at the California Service Center, Nebraska Service Center, and Texas Service Center are 4 months from the date of filing.

The Administrative Appeals Office (AAO) handles appeals of Form I-601 denials outside of immigration proceedings. The AAO periodically posts its average case processing time information. As of July 1, 2016, the average case processing time for the appeal of the denial of a Form I-601 is 6 months or less.

Strategies to Minimize Processing Delays

Applicants can take proactive steps to help minimize potential delays in the I-601 waiver process:

  • Submit a Complete Application: Ensure all sections are filled and all required supporting documents are included.
  • Organize Hardship Evidence: Present clear, well-documented proof of "extreme hardship" to the qualifying relative.
  • Respond Promptly to USCIS Requests: If you receive an RFE (Request for Evidence), respond thoroughly and quickly.
  • Track Your Case Status: Use the USCIS Case Status Online tool to monitor progress and address any issues early.
  • Consider Legal Representation: An immigration attorney can help anticipate common pitfalls and prepare a stronger application.

What Are the Chances That My I-601 Waiver Will Be Granted?

Immigrants faced with inadmissibility to the U.S. can apply to the United States Citizenship and Immigration Service (USCIS) for Application for Waiver of Grounds of Inadmissibility, Form I-601. The adjudication process for an I-601 waiver application is somewhat subjective; legal interpretation of circumstances can change according to law. Immigration laws have undergone reform recently, barring citizens of certain countries from the United States. If aggravating factors are present in a country of origin, and nationals of that state are not on the U.S. Homeland Security bar list, they may be good candidates for the I-601 application.

When spouses or other loved ones are deemed “inadmissible” by the USCIS, and therefore unable to simply file for a green card, an I-601 will allow the “qualifying relative” to be considered under the rules of “extreme hardship”. The I-601 can be filed when the applicant is in the U.S., not undergoing immigration proceedings (i.e. deportation). An immigration attorney can provide advice on the I-601A and I-601 processes. If you have falsely claimed to be a U.S. citizen there is a very narrow exception to INA §212(a)(6)(C)(ii), implemented by the Child Citizenship Act of 2000, wherein you are not barred if one or both parents is a U.S. citizen or permanent resident.

Sometimes an I-601 waiver is not an option. You are not eligible for a waiver (but there may be other options) if you–

  • Have been a member of a criminal gang or have gang-related tattoos.
  • Filed for asylum in the past and the application was determined to be frivolous.
  • Have a drug conviction or a guilty plea after the age of 18. The only exception to this is if you were convicted of possessing less than 30 grams of marijuana for personal use.
  • Committed marriage fraud in a prior immigration application.
  • Failed to attend a removal hearing in the United States and have not been outside the U.S. for five years.

Common Reasons for I-601 Denials

Understanding why some I-601 applications are denied can help you avoid common mistakes:

  • Insufficient Evidence of Extreme Hardship: Failure to provide compelling evidence is a leading cause of denial.
  • Criminal Convictions: Certain criminal offenses cannot be waived and may automatically result in denial.
  • Misrepresentation or Fraud: Attempting to conceal facts during the immigration process can permanently bar you from U.S. entry.
  • Ineligibility for Waiver: Some grounds of inadmissibility, like drug trafficking or national security concerns, have no waiver available.
  • Failure to Prove Relationship to Qualifying Relative: Missing evidence of the required family relationship can lead to rejection.

I-601A Waiver Attorney: Provisional Unlawful Presence Waiver Process FAQs (Continued 2)

Application for Provisional Unlawful Presence Waiver, Form I-601A, should be filed only with USCIS. The filing fees will be $670 (including $585 for the waiver’s filing fee and $85 for biometrics processing). You need to pay for the biometric ($85) and filling fees ($585) for your I-601A provisional waiver application. In the case of a withdrawn Form I-601A, USCIS will not refund the filing fees because USCIS has already undertaken steps to adjudicate the case.

Approval of a provisional waiver by the USCIS allows the spouse and children of U.S. citizens or lawful permanent residents to support a request for a full waiver. This reduces the risk of application for an immigrant visa abroad, as the provisional waiver is already approved with an immigrant relative petition (family-based) or employment-based petition, or selection by the Diversity Visa Program and record payment for the immigrant visa fee with the U.S. Department of State’s National Visa Center.

If a foreign national can show that their lawful permanent resident or U.S. citizen parent, child, or spouse would face “extreme hardship” if he or she was not allowed to stay in or come back to the U.S., the “unlawful presence” inadmissibility grounds may be waived by the I-601 (under Section 212(a)(9)(B)(v) and Section 212(i))of the Immigration and Nationality Act).

After six months-worth of “unlawful presence”, any foreign nationals who leave the U.S. of their own volition cannot re-enter the States for three years. This term begins on their departure date. If the “unlawful presence” went on for 12 months, the ineligibility period for entering the U.S. goes up to 10 years.

Unlawful presence is any period in which a foreign national is present in the U.S. after the expiration of their period of authorized stay (e.g. after the expiration date found on their I-94 entry/departure card) or after entering the U.S. without being admitted or paroled (e.g. after entering the U.S. illegally without inspection).

Spouses of U.S. citizens who entered the country illegally and without inspection by crossing a border tend to have problems with the “unlawful presence” condition. Though they are free to seek U.S. lawful permanent residency, they must return to their home country and go to a United States embassy or consulate to interview and start the process of attaining this status. Their status can only change when they are in their home country, the only exception being those qualified under INA 245(i). Departing the U.S. to start the application process begins the “unlawful presence” period.

Unlawful presence in the United States for more than one year after April 1, 1997 followed by a departure from the U.S. and a return to the U.S. without inspection; or removal from the U.S. after April 1, 1997 and a return to the U.S. without inspection.

Differences Between I-601 and I-601A Waivers

Although Form I-601 and Form I-601A both address inadmissibility issues, they serve different purposes:

  • Form I-601:
    • Filed after an applicant is found inadmissible during a visa or green card application.
    • Must generally be filed outside the United States following visa denial at a consulate.
  • Form I-601A (Provisional Waiver):
    • Filed before leaving the United States for a visa interview abroad.
    • Applies specifically to unlawful presence inadmissibility grounds.
    • Allows applicants to minimize time separated from U.S.-based family while waiting for visa processing​.

Understanding these differences can help applicants choose the right form based on their situation and reduce the risk of unexpected denials or separations.

Important Changes to I-601 Waiver Processing

On January 9, 2012, a Notice of Intent for proposed rulemaking in the Federal Register was published by the USCIS, outlining the agency's proposed plan to transfer the adjudication from overseas to stateside, but only for certain I-601 waiver applications.

Prior to the applicant leaving for consular processing, the adjudication takes place. This eliminates waiting time abroad and the uncertainty of the adjudication outcome. Provisionally approved applicants can then continue with immigrant visa processing at the U.S. consulate abroad; those who are denied often choose to abandon the process.

Immediate relatives, such as parents, unmarried children under 21, and spouses of U.S. citizens were affected by the pre-adjudication policy. Any individuals in preference categories were not affected and must adhere to current filing requirements for waivers.

Those who are filing their I-601 waiver after being formally refused an immigrant visa by a consular official and that waiver will be adjudicated by an overseas USCIS office.

Recent Updates to I-601 and I-601A Processing Policies

USCIS has introduced several changes affecting waiver processing:

  • Biometrics Requirements: Certain applicants must now complete biometrics appointments as part of the I-601 or I-601A process.
  • Processing Centers: USCIS may shift processing from one center to another to balance workload, affecting timelines.
  • Remote Interviews: In some cases, parts of the adjudication may be handled remotely, although most I-601 applicants still require in-person consular processing after approval.
  • Fee Changes: As of 2025, the filing fee remains $930 for Form I-601A (including biometrics), but fee increases may be proposed periodically​​.

Because policies and processing times can change, it is important to check the official USCIS Processing Time page regularly and consult an immigration attorney for the latest updates.

Frequently Asked Questions

  1. How long does it take to process I-601?
    Processing times typically range from 12 to 18 months, but can vary based on the USCIS service center, case complexity, and whether additional evidence is requested.
  2. What causes delays in the I-601 processing timeline?
    Delays often occur due to missing documents, incomplete applications, background checks, or complex inadmissibility issues like fraud or criminal records.
  3. Can I speed up my I-601 waiver process?
    While you cannot expedite most I-601 applications, submitting a complete application, responding promptly to RFEs, and working with an immigration attorney can help avoid preventable delays.
  4. What is the difference between Form I-601 and Form I-601A?
    Form I-601 is typically filed after an applicant is found inadmissible, while Form I-601A allows applicants to seek a waiver of unlawful presence before leaving the United States.
  5. Is there a way to check the status of my I-601 application?
    Yes, applicants can track their case status online using the USCIS Case Status Tool with their receipt number.

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