Unprecedented Delays: The Painful Reality of I-601A Processing Times at USCIS

Imagine the heartache of waiting for months, even years, for the fate of your immigration petition to be determined. This is the reality for many immigrants and their families in the United States, thanks to the unprecedented processing delays and backlogs plaguing the United States Citizenship and Immigration Services (USCIS). While these delays affect a wide range of applications and petitions, they are particularly pronounced in the processing of I-601A, Application for Provisional Unlawful Presence Waivers. The weight of these delays is a heavy burden to bear, putting dreams and plans on hold.

This form is used by immigrants who have accrued certain statutorily defined periods of unlawful presence, meaning those not in a period of authorized stay in the U.S., and are subject to three-year (if over 180 days) or ten-year (if over one year) bars under INA 212(a)(9)(B). This form allows them to apply for a waiver before departing the U.S. for an immigrant visa interview at a U.S. Embassy or Consulate abroad.

According to the data, from (FY)2017 to 2022, processing times for Form I-601A increased an astounding 590%, and from (FY)2021 to 2022, processing times had an 83.3% increase in just one year. While the average processing time seems to continually increase, so does the number of pending I-601A applications. According to the latest data published by USCIS, there are 121,793 I-601A applications pending with the agency.

These delays represent personal hardships, separated families and deferred dreams. Many argue that much of this pain, suffering and disappointment could be avoided if only USCIS could process benefits requests in a timely manner by simply adhering to its own mission statement.

It's important to note that this form only applies to those individuals who are inadmissible for having accrued the requisite period of unlawful presence. For other inadmissibility categories, individuals must apply for a waiver using Form I-601, Application for Waiver of Grounds of Inadmissibility.

The USCIS is urging the public to visit the agency's official website for more detailed information about the Grounds of Inadmissibility and Provisional Unlawful Presence Waivers and for the most up-to-date information about processing times and procedures.