If you have been living in the United States unlawfully for more than 180 days without permission from U.S. immigration authorities, you are most likely “inadmissible.” This means that if you leave the United States, you cannot come back without not only a visa or similar permission, but an approved waiver of inadmissibility. That's especially significant if you hope to apply for a green card, because you will probably not be able to avoid leaving the U.S. for the required consular interview. (The exception is if you are in one of a few narrow categories of people eligible to adjust status, meaning to apply for the green card within the U.S., through U.S. Citizenship and Immigration Services, USCIS).)
In past years, a green card applicant's fate was, including eligibility for a waiver of inadmissibility, was decided only after their departure for an interview at a U.S. consulate abroad. But waiting for a waiver decision to come from USCIS took months by itself; and then the applicant would be stuck outside the United States for many years if it was denied.
The newer I-601A provisional waiver, however, can be filed while you are still in the United States, before departing for an interview at the U.S. consulate in your country of residence (or nationality, if requested). If USCIS approves this waiver, you still have to leave the United States for a consular interview, but you face less uncertainty about your ability to return. As long as the consular officer does not uncover other bases upon which to find you ineligible, you can probably return to the U.S. soon after your consular interview and immigrant visa approval.
But what if your provisional waiver gets denied by USCIS? That's what we'll discuss here, including:
- typical time for a decision
- common reasons for a USCIS denial
- whether to reapply, and
- the risk of deportation after a denial.
How Long Will It Take to Get USCIS's Response to a Provisional Waiver Request?
In late 2025, the typical USCIS processing time for an I-601A waiver was 31.5 months. (That's not a typo, it really takes years; and this processing time is actually shorter than USCIS posted in previous months!) You can check the USCIS website for the most up-to-date information on processing times.
Common Reasons Why USCIS Denies an I-601A Provisional Waiver
The I-601A provisional waiver will be denied if you have any other ineligibility besides unlawful presence. For example, if you were previously deported from the United States, committed a crime, or reentered the U.S. unlawfully after a period of unlawful presence, your waiver is likely to be denied. The U.S. government basically figures there's no point in making that advance decision, because you are separately inadmissible to the United States anyway.
The waiver will also be denied if you are currently in active deportation proceedings.
If you were previously deported, it's possible to first get a different waiver, called the I-212 waiver, and then apply for the I-601A, but you should not do this without consulting an attorney. A prior deportation might be an indicator of other ineligibilities that would make you ineligible for the I-601A, even with a waiver for the prior deportation.
Your I-601A waiver will also be denied if you fail to demonstrate that your U.S. citizen or lawful permanent resident (LPR/green card) spouse or parent would suffer extreme hardship if you could not reenter the United States. It can be a difficult to show that the hardship your relative will suffer will be “extreme,” and you must also provide evidence of the hardship that would result if your relative relocated with you to your home country.
Normal hardships, such as family separation, financial difficulties, lack of educational opportunities, and substandard medical care are not extreme enough on their own, though they can form part of a picture of extreme hardship, particularly for a vulnerable family member.
There is another, increasingly common reason for denial, called the “90-day rule.” If you entered the U.S. on a visa, and USCIS believes that, at the time you entered, you misrepresented the intentions of your trip to the immigration inspector, you could be ineligible due to your misrepresentation. USCIS can’t really prove what you were thinking at the time of your U.S. entry, but if you did something in the first 90 days of your stay in the U.S. that was not permitted on your visa type, such as working while in B-2 tourist status, USCIS can assume that you lied to the immigration officer about the real purpose of your trip. Also, if you got married in the first 90 days of your stay and then never left the U.S., USCIS can assume that you actually never intended to leave.
If you are found ineligible under the 90-day rule, you will have the additional ineligibility basis of "misrepresentation" added to your list, so you won’t be eligible for a provisional waiver at all.
You Cannot Appeal a Denial of the I-601A Waiver, But You Can Reapply
There is no appeals process if USCIS denies your I-601A waiver. You can, however, file a new application. You could also attend your consular interview and wait until the consular officer tells you exactly what ineligibilities you have, and then file the appropriate waivers while you wait overseas (though possibly for many years).
You might also have ineligibilities that create a permanent or 10-year bar to immigration that cannot be overcome with any type of waiver. In this case, if you leave the U.S. for your consular interview, you will not be permitted to return. Sometimes an attorney will advise you to file the I-601 overseas for strategic reasons, rather than refiling the I-601A.
An I-601A Waiver Denial Could Result in Deportation
If USCIS denies your I-601A, it might send you a Notice to Appear (NTA) for a deportation hearing. Under current USCIS policies, an NTA is issued when an immigration benefit is denied to an alien who is unlawfully present in the U.S, which includes most people who apply for I-601A waivers.
Therefore, if you intend to refile the I-601A before these proceedings start, make it a priority to discuss your case with an attorney. If the attorney recommends refiling, do so as soon as possible, before an NTA is issued. Refiling the I-601A does not guarantee you protection from receiving an NTA, but it might make your case a lower priority for deportation.
Furthermore, if your I-601A was denied because you have an active deportation order, even one you might not know about, your case could be referred directly to Immigration and Customs Enforcement (ICE) and you could be arrested and held in immigration detention until your deportation hearing.
Do I Need to Hire a Lawyer to Help With an I-601A Waiver?
In any situation involving the risk of deportation, you would be wise to consult an immigration attorney. It is extremely difficult to determine the best course of action after an I-601A denial without an attorney's assistance; one who has specific experience with I-601 and I-601A waivers, in fact.
What's more, preparation of an I-601A waiver is one that can benefit from an attorney's help. It's much more than filling out a form! The lawyer can help analyze your case and gather persuasive documents to convince USCIS to grant your request.