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.
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.
USCIS finalized FY 2027 H-1B cap selections on March 31, 2026. Selected petitioners may file starting April 1 using the new Form I-129 edition. Overseas winners face a $100,000 fee under a Trump presidential proclamation.
USCIS may blacklist applicants who attempt to game the H1B lottery through passport renewal, employer changes, or wage level manipulation, according to an official I-797C notice.
USCIS completed the FY2027 H-1B lottery on March 31, 2026, using a new weighted wage-level selection process for the first time. Selected employers have 90 days (April 1–June 30) to file petitions, with employment eligible from October 1, 2026.