USCISManifest Law · 3 min read

Form I-601A Processing Times 2026: USCIS Backlog Pushes Wait to 28.5 Months

USCIS Form I-601A processing times now average 28.5 months as of 2026. The waiver allows undocumented immigrants to request forgiveness for unlawful presence before leaving the U.S. for a visa interview.

· Source: Manifest Law
The Form I-601A provisional unlawful presence waiver is a critical step for certain undocumented immigrants who need to leave the United States for a consular visa interview. It allows eligible applicants to request forgiveness for unlawful presence before departing, reducing the risk of triggering a multi-year reentry bar. As of early 2026, USCIS processing times for the I-601A waiver average approximately 28.5 months, reflecting ongoing agency backlogs. Processing times can vary significantly depending on case complexity, the completeness of the submitted application, and whether a Request for Evidence (RFE) is issued. Applicants can improve their chances of timely adjudication by submitting a thorough, well-documented application from the outset and responding promptly and completely to any RFEs from USCIS. Incomplete filings are a common cause of delays and denials. For EB-3 applicants and others in employment-based categories who may also have unlawful presence issues, understanding the I-601A timeline is essential for planning consular processing steps. The extended wait underscores the importance of early preparation and legal guidance when navigating this waiver process.

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