November 24, 2024

I-601A Waiver: What is it? Who needs it? and Why is it taking so long to get approved?

Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents can use this application to request a provisional waiver of the inadmissibility grounds related to unlawful presence, as outlined in section 212(a)(9)(B) of the Immigration and Nationality Act.

This is a provisional waiver for unlawful presence; there are other forms of inadmissibility that are not waived in this application, such as Alien Smuggling, testing positive for marijuana/drugs or removal proceedings/deportation.

The 601A waiver can be submitted before leaving the United States to attend an immigrant visa interview at a U.S. Embassy or Consulate.

Example: Juan entered the United States undocumented; he is being petitioned by his US citizen spouse and has started the Consular Process. They have an I-130 approved application and they’re ready to move forward with the second part of the consular process: the I-601A waiver. Juan needs to file the I-601A waiver in order to get his unlawful presence waived and wait in the United States for approval.

In the past, Applicants needed to wait outside the country to get their I-601A Waiver approved.*

Who needs to submit a I-601A Waiver?

The principal beneficiary of an approved Form I-130 (Petition for Alien Relative), Form I-140 (Petition for Alien Worker), or Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), who has paid the immigrant visa processing fee to the Department of State, and is currently in the process of obtaining an immigrant visa, but has accumulated unlawful presence in the United States for more than 180 days but less than one year during a single stay, or for one year or more during a single stay.

Example: Juan entered the United States in 2005, at the age of 18, without inspection or authorization and has not left the country since. Juan needs to submit I-601A waiver because he has acquired unlawful presence since year 2005.

Why is taking so long to get a I-601A Waiver approved?

Before the pandemic most applicants typically waited 6-8 months for their waiver to get approved, but the current time exceeds more than 3 years. This increase in processing times is primarily due to the COVID-19 pandemic. According to USCIS, the current processing time for the I-601A is 43.5 months (https://egov.uscis.gov/processing-times/), and this timeframe continues to grow each month, indicating a worsening backlog.

According to USCIS data, there are currently over 121,000 I-601A applications pending, and the numbers continue to increase.

After the waiver gets approved, it becomes effective once you leave the United States, attend your immigrant visa interview, and the DOS consular officer determines that you are otherwise admissible and eligible for an immigrant visa. Once in effect, the waiver is valid indefinitely for the period of unlawful presence that was waived.

Example: Juan went to his Consular Interview in Ciudad Juarez, Mexico and was approved. After 10 days in Mexico, he received his stamped passport allowing him to return to the United States. Once in the United States, Juan needs to request his Legal Permanent Residence card. The current cost for the “green card” is $220 US dollars payable online.

If you would like more information, Attorney Diana Bailey of Portland and Beaverton has over 25 years of immigration law experience. Please call our office for a free telephone consultation at 503-224-0950.