American Immigration Lawyers
Khan Law, PLLC
555 Republic Drive, Floor 2, Suite 214
Plano, TX 75074
Office: (469) 200-6508
WhatsApp: (469) 200-6508
Email: info@khanlegalgroup.com
U.S. immigration law, serving clients
in all 50 states and worldwide.
Quick Links
Free Case Evaluation
Tell us your story. We’ll tell you which of these paths actually fits your life, before you spend a dollar.
The Visa Guide · Family
I-601 & I-601A
Waivers
Together, not apart.
Time in the U.S. without status can trigger 3- or 10-year bars the moment you depart for a consular interview. A waiver asks the government to forgive those bars, and the provisional I-601A is decided before you leave. Here’s the whole journey, in plain English.
Who Qualifies
Hardship, proven.
Which waiver fits depends on where you are and what needs forgiving. One standard rules them all.
I-601A: the provisional waiver
For applicants inside the U.S. whose only issue is unlawful presence, with an immigrant visa case underway.
I-601: the broader waiver
For applicants abroad, or facing other waivable grounds: certain misrepresentation, criminal grounds, health grounds.
Extreme hardship, to the right person
Both require proving extreme hardship to a qualifying relative: a U.S. citizen or green card holder spouse or parent. Children’s hardship counts only as it affects the qualifying relative.
Two Waivers
One goal. Two waivers.
The difference is where you stand when it’s decided, and what it can forgive.
I-601A
The provisional waiver, decided before you depart. It forgives unlawful presence only, and the immigrant visa case must be underway.
Form I-601AI-601
For applicants already abroad, or facing the broader waivable grounds: certain misrepresentation, criminal grounds, health grounds.
Form I-601The Process
Five steps. One homecoming.
The foundation
Confirm the underlying immigrant case: an approved I-130/I-140 and, for the I-601A, a paid immigrant visa fee at NVC.
The hardship record
Build medical, financial, psychological, educational, and country-condition evidence tied to the qualifying relative.
The filing
File Form I-601A inside the U.S., or Form I-601 abroad or with the broader grounds, with the full evidence package.
The interview
On I-601A approval, attend the consular interview abroad with the bar already forgiven.
The return
The immigrant visa issues. Enter the U.S. as a permanent resident.
Forms & Fees
Know the paperwork.
The provisional waiver for unlawful presence, decided inside the U.S.
The waiver for applicants abroad or facing other waivable grounds
The family petition underlying the immigrant visa case
The employment petition underlying the immigrant visa case
Whose hardship counts?
Extreme hardship must run to the qualifying relative: a U.S. citizen or green card holder spouse or parent. Children’s hardship counts only as it affects that relative. Waivers are won on documentation.
Live processing times & fees
Government numbers change monthly. These official tools are always current:
Your family.
Our fight.
Every case is different. Tell us your story. The evaluation is free, and we’ll tell you exactly which path fits.
Attorney Advertising: general information, not legal advice. Waivers are won on documentation: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
The Rules
What a waiver can and cannot do.
- Let you stay in the U.S. with your family while the I-601A is decided; there is no requirement to leave first
- Draw on hardship to more than one qualifying relative: a spouse and a parent can be argued together
- Be refiled after a denial: an I-601A denial does not bar a stronger second filing
- Pivot mid-path: if other inadmissibility grounds surface at the interview, an I-601 can be filed from abroad
- Fix the permanent bar after an illegal return following a removal or a year of unlawful presence: that needs 10 years outside plus Form I-212
- Waive a false claim to U.S. citizenship made after September 1996: that ground generally has no waiver
- Protect you from removal or give you any status while it waits
- Survive an early departure: leaving before approval triggers the very bars you are trying to waive
Costs
What it costs in 2026.
The waiver itself is one USCIS filing fee, but the full journey runs through the National Visa Center and a consular interview, so budget for the whole path. One quiet piece of good news: because this road ends in an immigrant visa, the new $250 visa integrity fee that now attaches to consular nonimmigrant visas does not apply here.
| Item | Amount | Notes |
|---|---|---|
| I-601A provisional waiver | $795 per person | Filed inside the U.S.; forgives unlawful presence only |
| I-601 waiver | $1,050 per person | The broader waiver, for cases abroad or other waivable grounds |
| Immigrant visa application (DS-260) | $325 per person | Paid to the State Department through the National Visa Center |
| Affidavit of Support review | $120 | One review fee per case when reviewed domestically at NVC |
| USCIS Immigrant Fee | $235 per person | Paid after the visa is issued; covers green card production |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Fees apply per person, including children.
FAQ
Questions we hear every week.
How long is the trip abroad after the I-601A is approved?
Plan for weeks, not days: the medical exam, the interview, and visa printing all happen abroad. Most trips are short, but administrative processing can stretch them, so build slack into work and childcare plans before you book anything.
What happens if the waiver is denied?
An I-601A denial has no appeal, but you remain in the same position you were in before filing, and a new, stronger filing is allowed. A denied I-601 can be appealed to the Administrative Appeals Office. We would rather build the record right the first time than litigate a thin one.
I came back after a deportation. Can these waivers help?
Usually not by themselves. Returning without permission after a removal, or after more than a year of unlawful presence, can trigger the permanent bar, which the I-601 and I-601A cannot forgive. That path generally requires 10 years outside the U.S. and Form I-212. Get the full analysis before anyone leaves the country.
Does an approved waiver guarantee the visa?
No. The consular officer can still find a different ground of inadmissibility at the interview, and an I-601A only covers unlawful presence. That is why we screen for every ground, not just the obvious one, before a case is filed.
What does extreme hardship actually take?
More than the pain every separation brings; officers treat that as ordinary. What wins is cumulative, documented hardship: medical needs, financial collapse, caregiving duties, mental health, and conditions in the home country, tied together into one record about the qualifying relative.
Can I file the I-601A while in removal proceedings?
Sometimes. Proceedings generally must be dismissed or administratively closed first, and the rules around reopening and recalendaring shift with policy. This is a spot where the timing of each filing matters, so get case-specific advice before your next hearing date.