If you’re undocumented in the U.S. and married to a U.S. citizen or green card holder, you may be eligible to fix your immigration status — but it’s not as simple as just applying for a green card. Many people are stuck because they entered the U.S. without inspection, triggering a 3- or 10-year bar when they leave for a consular interview abroad.

That’s where the Provisional Unlawful Presence Waiver (Form I-601A) comes in.

In this post, we’ll explain how the waiver works, who qualifies, and how to apply step-by-step. We’ll also talk about recent developments — including reports of extremely fast approvals in 2025, though results vary.

What is a 601A Provisional Waiver?

The 601A waiver is for individuals who are:

• Physically present in the U.S.
• Inadmissible only because of unlawful presence (not criminal issues, fraud, or other grounds)
• Planning to apply for a green card through a consular interview abroad

This waiver allows you to apply for forgiveness of unlawful presence before you leave the U.S., greatly reducing the risk of being stuck outside the country for 10 years.

Why It’s So Important

Normally, if you’ve been in the U.S. unlawfully for:

• More than 180 days, you trigger a 3-year bar
• More than 1 year, you trigger a 10-year bar

The 601A waiver helps you get a provisional decision from USCIS while still in the U.S., so you’re not leaving without knowing your chances.

Recent Trends in 601A Approval Times (2024–2025)

In 2024, it was widely reported that 601A waivers were taking 3–4 years to process. This delay caused hardship and confusion for families.

But in 2025, there are now reports of some waivers being approved in as little as ONE WEEK.

Yes — one week. While that is not guaranteed, and not officially confirmed by USCIS as a new policy, we are seeing much faster approvals in some cases. Other reports still show timelines of 1–2 years, so it depends heavily on case complexity, officer discretion, and workload.

Moral of the story: Plan ahead, but be prepared for surprises — fast or slow.

How to Apply: Step-by-Step

Step 1: Get Your I-130 Petition Approved

This is the family-based immigrant petition filed by your qualifying relative (usually a U.S. citizen or lawful permanent resident spouse or parent).

• File Form I-130 with USCIS
• Wait for approval (usually 6–12 months)
• Once approved, you’ll get a priority date and case number

Step 2: Start National Visa Center (NVC) Case

Once your I-130 is approved and a visa is available, your case is sent to the National Visa Center (NVC).

Important: Do not schedule the interview yet. If you leave the U.S. without the 601A waiver, you’ll trigger the 3- or 10-year bar.

Step 3: Gather Evidence for the 601A Waiver

To be eligible, you must show that your U.S. citizen or permanent resident spouse or parent would suffer “extreme hardship” if you were denied the waiver.

You’ll need to prepare a strong package of documents, which can include:

• Medical records
• Financial documentation
• Psychological evaluations
• Evidence of family responsibilities
• Statements and declarations

Step 4: File Form I-601A with USCIS

Once your I-130 is approved and you’ve gathered your evidence:

• File Form I-601A, with a filing fee of $630 + $85 biometrics (total $715)
• You must be physically present in the U.S. when you file
• Attend biometrics appointment
• Wait for USCIS to process the waiver

Step 5: Wait for the Decision

As of 2025, processing times have become less predictable:

• Fastest reported approval: 7 days (!)
• Typical reports: 6–18 months
• Longest delays: up to 2 years (as of early 2025)
• 2024 backlog: Some cases were pending over 3–4 years

Bottom line: Some are lucky with fast processing, but you should plan for 1+ year wait, just in case.

Step 6: Schedule Consular Interview

Once your 601A is approved, you’ll receive instructions from the National Visa Center to:

• Schedule your immigrant visa interview abroad (typically in your home country)
• Complete medical exam and submit any remaining documents

Step 7: Attend Interview and Return to the U.S.

You’ll leave the U.S. briefly, attend your consular interview, and — assuming no other issues — return legally as a green card holder.

This step is the most stressful, but if your 601A was approved and there are no other inadmissibility issues, most people are approved without issue.

Can I File If I’m in Removal or Have TPS?

• If you were previously in removal proceedings, you may need to have your case administratively closed or terminated — talk to an attorney first.
• If you have TPS, and entered unlawfully, the waiver may still apply if you’re applying through consular processing.
• You must not have other grounds of inadmissibility (like fraud, misrepresentation, certain criminal convictions, etc.)

Tips for a Successful 601A Waiver

• Work with an experienced immigration attorney — proving “extreme hardship” is not easy
• Don’t leave the U.S. before approval
• Avoid filing if you have other inadmissibility issues
• Update USCIS if you move or if circumstances change

Conclusion: A Powerful Tool — But Use It Wisely

The 601A waiver is a lifeline for mixed-status families, allowing many undocumented individuals to fix their immigration status without risking years of separation.

With some approvals coming in as little as one week in 2025, it’s clear the system is changing — but not consistently. If you’re eligible, this may be the best time in years to file.