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How Long Do Provisional Waivers Take to Get Approved?
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How Long Do Provisional Waivers Take to Get Approved?
Provisional waivers, also known as I-601A waivers or unlawful presence waivers, allow certain immigrants who are relatives of U.S. citizens to apply for a waiver of inadmissibility due to unlawful presence while still in the United States, instead of having to travel abroad to apply. This process can help reduce separation time for immigrant families.
According to U.S. Citizenship and Immigration Services (USCIS) data, the current median processing time for I-601A provisional waiver applications is 31.3 months as of 2022. This time frame has been steadily increasing over the past several years:
- In 2018, processing took around 4.5 months
- In 2019, processing took around 8.7 months
- In 2020, processing took around 11.2 months
- In 2021, processing took around 17.1 months
The processing time can vary depending on factors like where the application was filed, current caseloads and staffing at USCIS service centers, and whether the application is complete with all required documentation. The fastest processing times tend to be 4-6 months, while some applications take over 3 years.
Who is Eligible to Apply for a Provisional Waiver?
To be eligible for a provisional unlawful presence waiver under the I-601A process, applicants must:
- Be an immediate relative of a U.S. citizen, such as a spouse, child, or parent
- Have an approved immigrant visa petition
- Be able to demonstrate that denial of the waiver would cause “extreme hardship” to a U.S. citizen spouse or parent
- Be physically present in the United States to file the waiver application
- Be able to depart and attend the visa interview abroad after USCIS conditionally approves the waiver
People with final orders of removal or who are in active deportation proceedings are not eligible. The waiver only applies to the ground of inadmissibility related to unlawful presence, not other grounds like criminal issues.
Tips for Faster Provisional Waiver Processing
While USCIS does not offer “premium processing” or expedited handling for extra fees on provisional waiver applications, there are some things applicants can do to help try to speed up the process:
- Provide complete documentation and evidence to establish eligibility and extreme hardship when first submitting the application
- Clearly explain the extreme hardship and provide documentation to support claims
- Respond promptly to any requests for additional evidence (RFEs)
- Notify USCIS of any changes in contact information or circumstances
- Consider legal assistance to ensure forms are error-free
While individual processing times vary widely, submitting a strong application with abundant supporting evidence is an applicant’s best chance for efficient processing. However, USCIS does not guarantee any provisional waiver decision within 90 days or any other concrete time frame.
What Happens After the Provisional Waiver is Approved?
If USCIS approves the provisional unlawful presence waiver, the approval is conditional on the applicant leaving the U.S. and attending a visa interview abroad. Immigrant visa applicants should wait for notification from the National Visa Center (NVC) scheduling their interview before traveling outside the U.S. to complete visa processing.
At the visa interview, the consular officer will again review the case and make a final determination on the unlawful presence inadmissibility finding that the waiver addressed. If the consular officer confirms the applicant only needs the provisional waiver that was already approved, they can then usually issue the immigrant visa.
In some cases, the consular officer may determine that the applicant needs another waiver that was not already approved or is actually inadmissible on other grounds. In that situation, they would not be able to issue the visa until any additional waivers are approved after filing Form I-601.
What Happens if the Provisional Waiver is Denied?
If USCIS denies a provisional unlawful presence waiver application, applicants have limited options to dispute the decision. There is no appeal process, but it is possible to file a motion to reopen or reconsider within 30 days of the denial decision by completing Form I-290B.
In the motion, the applicant would need to show that USCIS made a mistake in denying based on the original record or that they have additional documentation that warrants reopening and approving the case. These requests are not frequently granted.
If the motion is unsuccessful or not attempted, the applicant could still pursue the waiver process by attending the visa interview abroad and filing Form I-601. But this would result in longer separation for families, which is what the provisional waiver process aims to avoid.
Being denied a provisional waiver or having one revoked does not directly trigger deportation or removal proceedings. However, unlawful presence applicants need to carefully consider risks of denial and their situation before traveling abroad for any interviews.
Resources
For additional information on provisional unlawful presence waivers and processing times, please consult the following resources:
- USCIS Expedite Criteria
- NOLO on Fiance Visas
- Boundless Provisional Waiver Guide
- VisaJourney Spousal Visa Guide
You can also try posting questions in community forums like:
For legal advice about your specific immigration situation, it is best to consult with an experienced immigration attorney.