Who this is for
- People who would otherwise qualify for a green card or immigrant visa but have a past issue that makes them inadmissible
- People who stayed in the U.S. without status for more than 180 days and must leave the country to attend an immigrant visa interview abroad
- People with certain past immigration violations, misrepresentation or some criminal history, depending on the type of issue
- People who were previously removed or deported and want to return before the waiting period ends
- For many waivers, applicants need a qualifying relative, often a U.S. citizen or permanent resident spouse or parent; the exact relatives allowed depend on the waiver
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-601A | Application for Provisional Unlawful Presence Waiver | Lets certain people inside the U.S. ask USCIS to forgive unlawful presence before they leave for their immigrant visa interview abroad. |
| I-601 | Application for Waiver of Grounds of Inadmissibility | Used to request a waiver of unlawful presence or other grounds, such as certain fraud or criminal issues, usually after an officer has found the person inadmissible or as part of a green card case. |
| I-212 | Application for Permission to Reapply for Admission into the United States After Deportation or Removal | Asks for consent to return before the required waiting period after a removal or deportation has ended. |
| I-130 | Petition for Alien Relative | The family petition that usually comes first and shows the relationship that makes a green card possible. |
Step by step
- Identify the ground of inadmissibilityAn attorney usually reviews the person's full immigration history to see which issues apply, such as unlawful presence, a prior removal or misrepresentation. Each issue may require a different form.
- Have the underlying case in placeWaivers generally attach to another case, such as an approved family petition and a pending immigrant visa case with the Department of State. For an I-601A, the immigrant visa processing fee usually must already be paid.
- Build the hardship evidenceFor waivers that require it, gather proof of how a qualifying relative would be affected, such as medical, financial, family and country-condition evidence.
- File the waiver with USCISSubmit the correct form, filing fee and evidence to the location listed in the official instructions. People with a prior removal may need an I-212 decided before or alongside other waivers.
- Attend biometricsUSCIS usually schedules a fingerprint and photo appointment for background checks.
- Receive the decision and continue the caseWith an approved I-601A, the person generally leaves the U.S. for the immigrant visa interview at a U.S. embassy or consulate. The consular officer still makes the final visa decision.
Documents usually requested
- Approval notice for the family or employment petition
- Proof the immigrant visa case is pending and the State Department fee was paid (for I-601A)
- Proof of the qualifying relative's U.S. citizenship or green card
- Marriage and birth certificates showing the family relationship
- A detailed hardship statement from the qualifying relative
- Medical records, letters from doctors or therapists, and proof of caregiving needs
- Financial records such as tax returns, pay stubs, mortgage or lease and debts
- Evidence about conditions in the country where the family might have to relocate
- Any immigration and court records, including prior removal orders or arrest records
- Certified English translations of foreign-language documents
How long it takes
Waiver timing depends on the form, the USCIS office, background checks and how complete the hardship evidence is, and the immigrant visa interview abroad adds its own wait. Check egov.uscis.gov/processing-times/ for current USCIS times.
Government filing fees
Forms I-601A, I-601 and I-212 each carry a USCIS filing fee, and the immigrant visa case has separate Department of State fees. Fees are set by USCIS and change, so check the fee schedule at uscis.gov/g-1055 before filing.
Working and traveling while you wait
A pending I-601A or I-601 does not by itself give permission to work or travel. Leaving the U.S. is what triggers the unlawful presence bars, so the timing of departure for a consular interview should be planned with an attorney.
Common mistakes to avoid
- Leaving the U.S. for a visa interview before a needed waiver is approved, which can trigger a long bar
- Assuming the I-601A covers every problem when it only covers unlawful presence
- Focusing on hardship to the applicant instead of hardship to the qualifying relative
- Not disclosing a prior removal, entry or arrest that the government already has on record
- Sending a short hardship letter without documents to back it up
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
What are the 3-year and 10-year bars?
The 3-year and 10-year bars are penalties for people who leave the U.S. after staying without lawful status for a certain period. In general, more than 180 days but less than one year of unlawful presence leads to a 3-year bar, and one year or more leads to a 10-year bar, starting when the person departs. A waiver can forgive these bars for some people, and different, harsher rules can apply to people who re-entered unlawfully after a removal or after a long period of unlawful presence.
What does extreme hardship mean?
Extreme hardship means the qualifying relative would suffer more than the normal sadness and difficulty of family separation or relocation. Officers generally look at the total picture, including health, finances, family ties, education and conditions in the other country. There is no single checklist, and an attorney can help decide which evidence matters most.
Who counts as a qualifying relative?
It depends on the waiver. For the I-601A and for unlawful presence under the I-601, the qualifying relative is generally a U.S. citizen or permanent resident spouse or parent; a U.S. citizen child usually does not count for this purpose. Other grounds have their own rules, so the list should be confirmed for each case.
What is the difference between Form I-601A and Form I-601?
Form I-601A is filed from inside the U.S. before the immigrant visa interview and only covers unlawful presence. Form I-601 covers unlawful presence and several other grounds, and is usually filed after an officer finds a person inadmissible or together with certain green card applications. Someone with more than one issue may need the I-601 instead of, or in addition to, the I-601A.
Can I apply for a provisional waiver if I was deported before?
Possibly, but people with a prior removal order usually must first obtain a conditional approval of Form I-212, permission to reapply, before USCIS will approve an I-601A. People currently in removal proceedings are generally not eligible unless the case is administratively closed. Because past removals can also cause bars a waiver cannot fix, an attorney should review the history first.
What happens if my waiver is denied?
A denial usually means the underlying green card or visa cannot move forward on that record for now. Depending on the form, it may be possible to file again with stronger evidence, appeal or ask for reconsideration. An attorney can explain which option applies.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.