This page is general information, not legal advice. It summarizes what USCIS publishes about Form I-601A. Whether you qualify, and whether filing is a good idea in your case, is a question for a licensed US immigration attorney or a Justice Department accredited representative (how to find one is at the end). We make no statement about anyone’s chances.
In Spanish it is known as the perdón migratorio. It solves one specific problem for Guatemalans in the US who have a family or employment immigrant visa case: to get the visa you have to leave the US and interview at the US Embassy in Guatemala City, and leaving after unlawful presence triggers a bar on coming back. The I-601A lets you ask for the waiver of that bar before you get on the plane.
Quick summary: The I-601A waives only the unlawful-presence bars of INA 212(a)(9)(B): 3 years (more than 180 days but less than 1 year unlawfully present) and 10 years (1 year or more). You file it from inside the US, before you depart for the immigrant visa interview, with the State Department’s immigrant visa fee receipt showing PAID. You need a US citizen or permanent resident spouse or parent who would suffer extreme hardship; a child does not count. Fee $795 (G-1055, edition 09/09/26). Approval does not give you status, a work permit or protection from removal, and it takes effect only at your interview in Guatemala City. Checked 25 September 2026.
The problem it solves
The statute, 8 U.S.C. 1182(a)(9)(B)(i), makes inadmissible anyone other than a permanent resident who:
| Unlawful presence in the US | Bar if you leave |
|---|---|
| More than 180 days but less than 1 year, then departed voluntarily before removal proceedings began | Inadmissible if seeking admission within 3 years of departure |
| One year or more | Inadmissible if seeking admission within 10 years of departure or removal |
The same section says that time spent under 18 years of age is not counted as unlawful presence.
USCIS describes the trap this way: people who are not eligible to adjust status in the US must travel abroad to obtain an immigrant visa, and “Typically, aliens cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad”. USCIS says that since 4 March 2013 immediate relatives of US citizens could apply for a provisional waiver before leaving, and that on 29 August 2016 the process was expanded to everyone statutorily eligible for an immigrant visa and an unlawful-presence waiver.
Who can file (USCIS’s list)
USCIS says you must meet all of these:
- Be physically present in the US to file and to give biometrics.
- Be 17 or older.
- Have an immigrant visa case pending with the State Department, as the principal beneficiary of an approved I-130, I-140 or I-360 who has paid the immigrant visa processing fee, a Diversity Visa selectee, or the spouse or child of either.
- Show extreme hardship to a qualifying relative: your US citizen or permanent resident spouse or parent.
- “Believe you are or will be inadmissible only because of a period of unlawful presence” in the United States that was more than 180 days but less than 1 year during a single stay, or 1 year or more during a single stay.
- Meet the other requirements in 8 CFR 212.7(e) and the form instructions.
Children are not qualifying relatives. The form instructions: “A U.S. citizen or LPR child is not a qualifying relative for the purpose of showing extreme hardship in this application.” Hardship to your children counts only to the extent it affects your qualifying spouse or parent.
When you cannot file
USCIS lists these cases as ineligible:
| Situation | What USCIS says |
|---|---|
| You are in removal proceedings that are not administratively closed | Ineligible |
| Your proceedings were administratively closed but put back on the immigration court calendar | Ineligible |
| You have a final order of removal, exclusion or deportation (including an in absentia order) | Eligible only if USCIS has already approved your Form I-212 when you file the I-601A |
| You do not meet any one of the conditions in the list above | Ineligible |
The instructions add that you are not eligible while subject to an unexpired grant of voluntary departure from an immigration judge or the Board of Immigration Appeals. For the I-212 side of a past deportation, see returning to the US after deportation.
Fee, form and filing
| Item | What USCIS publishes (read 25 September 2026) |
|---|---|
| Form | I-601A, Application for Provisional Unlawful Presence Waiver, edition 01/20/25 |
| Fee | $795 general filing; $0 for VAWA self-petitioners and for Special Immigrant Juvenile classification (G-1055 Fee Schedule, edition 09/09/26) |
| Where to mail (USPS) | USCIS, Attn: I-601A, P.O. Box 4599, Chicago, IL 60680-4599 |
| Courier (FedEx, UPS, DHL) | USCIS, Attn: I-601A (Box 4599), 131 S. Dearborn, 3rd Floor, Chicago, IL 60603-5517 |
| Proof you must include (USCIS checklist) | For immediate-relative, family-sponsored and employment-based applicants, the State Department immigrant visa fee receipt, which USCIS says must show a payment status of PAID, not “In Process”; your approved petition notice, or for Diversity Visa applicants the Electronic Diversity Visa Entrant Status Check printout; if applicable, the EOIR administrative closure order or the I-212 approval notice; relationship evidence and proof of your qualifying relative’s US citizenship or permanent residence; evidence of your admission or parole; evidence of extreme hardship; and evidence that your case warrants a favorable exercise of discretion |
| Biometrics | After filing, USCIS sends an appointment at an Application Support Center; the instructions say not attending may lead to denial |
| Filed together with other forms? | No. USCIS: do not file the I-601A with any other application or petition |
USCIS’s form page carries a checklist of initial evidence in Spanish as well as English. Documents in Spanish need a full English translation with the translator’s certification, per the same page. The USCIS phone number on the waiver page is 800-375-5283; USCIS says not to visit a field office.
The Guatemala City step
Approval is not the end. USCIS says an approved provisional waiver “will only take effect after” you:
- Depart the United States and appear for your immigrant visa interview; and
- A consular officer finds you otherwise admissible and eligible for the visa.
For a Guatemalan, that interview is at the US Embassy in Guatemala City. The State Department’s post instructions (read 23 September 2026) say: “Applicants will need to travel to Guatemala City twice: for their medical exam and for the document review and interview.” The medical exam, the Ministerio Público police certificate and the interview-day checklist are in our immigrant visa interview in Guatemala City guide, which also tracks the status of the 2026 pause on immigrant visas for 75 countries.
The instructions add two things to do along the way:
- After filing, send the National Visa Center all your immigrant visa paperwork: “The NVC cannot schedule your immigrant visa interview until it receives all of your immigrant visa paperwork.”
- If you are in removal proceedings that were administratively closed, resolve them before you leave. The instructions say leaving first may delay the visa and may automatically revoke the approved waiver.
Once in effect, the instructions say the waiver “is valid indefinitely for the period of unlawful presence that was waived”.
What an approval does not do
USCIS says a pending or approved I-601A will not:
- grant you any benefit or protect you from removal;
- let you apply for interim benefits such as work authorization or advance parole;
- guarantee the State Department will issue the visa;
- guarantee CBP will admit you at the border;
- give you legal immigration status; or
- change the requirement to depart the US for the visa.
What revokes it automatically
USCIS lists these triggers:
- the State Department ends your immigrant visa process;
- USCIS revokes the underlying petition;
- the consular officer finds you ineligible for the visa, including inadmissible on a ground other than unlawful presence;
- you re-enter or try to re-enter without inspection while the waiver is pending, after it is approved, or before the visa is issued.
If it is denied
USCIS says there is no administrative appeal and no motion to reopen or reconsider. You can file a new I-601A with a new fee (your visa case must still be pending), or, after the interview abroad, apply with Form I-601 if the consular officer finds you inadmissible. USCIS does not refund the fee if you withdraw.
Getting legal help, and avoiding notario fraud
USCIS says: “You do not need a representative to file forms with USCIS.” If you want one, only these may represent you before USCIS:
| Who | Condition (USCIS) |
|---|---|
| Attorney | Member in good standing of the bar of a US state, territory or DC, not disbarred or restricted |
| Accredited representative | Accredited by the Justice Department’s Executive Office for Immigration Review and working for an organization on its list of recognized organizations |
| Law student or graduate | Supervised by a licensed attorney or accredited representative |
| Foreign attorney | Licensed and in good standing in the country where the matter is taking place, resident and practising there; USCIS says foreign attorneys can only represent you in matters outside the United States |
On the waiver page USCIS warns that unauthorized practitioners may claim they can file a provisional waiver and ask you to pay them. Its legal-services page adds: “In the United States, notary publics are not attorneys and cannot represent you in legal matters, including immigration cases”. The Justice Department publishes the rosters of recognized organizations and accredited representatives on its Recognition & Accreditation Program page.
If what you need is a lawyer in Guatemala (for a document, a property or a family case there), that is a different profession and a different country; see hiring a lawyer in Guatemala from the USA.
Related guides
- Immigrant visa interview in Guatemala City
- The US immigrant visa pause and Guatemalans
- Returning to the US after deportation
- Consular help if a Guatemalan is detained in the US
- Diaspora services hub
Last checked 25 September 2026. Sources: USCIS, Form I-601A page (last reviewed 06/01/2026) and Instructions for Form I-601A (edition 01/20/25); USCIS, Provisional Unlawful Presence Waivers (last reviewed 04/01/2024); USCIS Form G-1055 Fee Schedule, edition 09/09/26 (read 23 September 2026); 8 U.S.C. 1182(a)(9)(B) (Cornell LII text); US State Department, immigrant visa instructions for the US Embassy in Guatemala City (read 23 September 2026); USCIS, Find Legal Services; Justice Department EOIR, Recognition & Accreditation Program (all read 25 September 2026 unless stated). Processing time not stated: USCIS’s processing-times page blocked our automated reader on 25 September 2026. This page is not legal advice.
Frequently Asked Questions
What does the I-601A waiver forgive?
Only the unlawful presence bars in section 212(a)(9)(B) of the Immigration and Nationality Act. The statute makes a person inadmissible for 3 years if they were unlawfully present for more than 180 days but less than 1 year and voluntarily departed the United States prior to the commencement of removal proceedings, and for 10 years if they were unlawfully present for one year or more. USCIS says the provisional waiver is for people who need a waiver for unlawful presence only; any other ground of inadmissibility found at the interview is not covered and automatically revokes the approval.
Why do I have to file before leaving for Guatemala?
USCIS explains that people who cannot adjust status in the US must travel abroad for an immigrant visa, and that leaving after more than 180 days of unlawful presence triggers the bar. USCIS adds that, outside this process, the waiver can only be requested after the consular officer finds you inadmissible at the interview abroad. The I-601A lets you request it from inside the US before you depart, which USCIS says was designed to shorten the time families are separated.
How much does the I-601A cost?
$795 for a general filing, per USCIS Form G-1055 Fee Schedule, edition 09/09/26. The same schedule lists $0 for a person filing as a VAWA self-petitioner and for a person seeking or granted Special Immigrant Juvenile classification.
Can my US citizen child be my qualifying relative?
No. The I-601A instructions say the qualifying relative must be your US citizen or permanent resident spouse or parent, and that a US citizen or permanent resident child is not a qualifying relative. USCIS considers hardship to children only to the extent it affects the hardship of your qualifying spouse or parent.
If my I-601A is approved, can I stay in the US and get my green card here?
No. USCIS says an approved provisional waiver does not make you eligible to adjust status in the US; you still have to depart and attend your immigrant visa interview at the US Embassy or consulate abroad. The waiver takes effect only after you depart, appear for the interview and the consular officer finds you otherwise admissible and eligible for the visa.
How long does the I-601A take?
USCIS publishes processing times on its own processing-times page. That page blocked our automated reader on 25 September 2026, so we do not quote a figure; check the USCIS site yourself before you plan.
Who can help me file it?
USCIS says you may file by yourself. If you want a representative, USCIS lists who may represent you: a US attorney in good standing; an accredited representative of an organization on the Justice Department’s list of recognized organizations; a law student or graduate supervised by one of them; or, for matters outside the United States only, a foreign attorney licensed and practising in that country. It warns that in the US a notary public is not an attorney and cannot represent you in immigration cases.
