Can You Travel Outside the U.S. While an I-601A Waiver Is Pending — or After It’s Approved?

By Richard T. Herman, Esq.
Immigration Lawyer for Over 30 Years | Founder of Herman Legal Group | Co-author of Immigrant, Inc.

Quick Answer 

You generally should not travel internationally while your I-601A provisional unlawful presence waiver is pending. Even after approval, the waiver only takes effect once you leave the U.S., attend your consular interview, and a visa is issued. It does not give status, parole, or re-entry rights, and it only waives unlawful presence, not other grounds of inadmissibility.

Official source: USCIS – Provisional Unlawful Presence Waivers

1. What the I-601A Does — and What It Does Not Do

✅ What it does

• Waives only unlawful presence bars (3-year and 10-year bars) under INA § 212(a)(9)(B).
  See USCIS – I-601A, Application for Provisional Unlawful Presence Waiver.
• Lets certain immigrants apply while inside the U.S. instead of waiting abroad for a decision.
• Activates only after consular approval, once you depart and an officer finds no other inadmissibility.
  See Department of State – Supplemental Guidance for Processing I-601A Waivers (PDF).

❌ What it does not do

• It does not grant lawful status, parole, or permission to return to the U.S.
• It does not waive other grounds such as fraud, criminal history, or prior removal.
  See USCIS Policy Manual – Grounds of Inadmissibility.
• It does not authorize travel (unlike Advance Parole for adjustment applicants).
  See USCIS – Advance Parole.

2. Traveling While I-601A Is Pending: High-Risk Situations

Why It’s Risky

1. Leaving triggers the very bar you’re waiving.
   USCIS continues processing if you depart, but approval helps only at the consulate.
   See USCIS I-601A Overview.
2. Other inadmissibility can block the visa.
   Even with approval, the consular officer can deny if fraud, crime, or other grounds exist.
   See 9 FAM 302 – Inadmissibility Guidance.
3. No guarantee of return.
   Once you depart, you cannot re-enter without a visa.
4. Procedural risk.
   If a Notice to Appear (NTA) is issued while pending, you may be placed in removal proceedings.
   See EOIR – Immigration Court Information.

Limited Exceptions

• USCIS will still adjudicate an I-601A even if you leave early, but that does not ensure re-entry.
• Emergency travel (e.g., family illness) requires documentation and remains legally risky.

3. Traveling After I-601A Approval: What Changes, What Doesn’t

What Changes

• The unlawful-presence bar is provisionally resolved.
• The NVC (National Visa Center) is notified to schedule your consular interview.
  See NVC Consular Process – Step by Step.

What Does Not Change

• The waiver isn’t a visa; you still must pass all other screening.
• The consular officer can still find other inadmissibility grounds and deny.
  See U.S. Department of State – Immigrant Visa Interview Preparation.
• Delays and administrative processing can prolong separation from family.
  Track case progress at USCIS Processing Times and NVC Case Status.

4. Strategic Alternatives & Timing Tips

1. Stay in the U.S. until the interview is scheduled.
   Safest route—avoid triggering bars prematurely.
2. Document all equities and hardship evidence.
   See Form I-601A Instructions (PDF).
3. If denied, consider a full I-601 waiver abroad, which covers broader grounds.
   See USCIS – I-601, Application for Waiver of Grounds of Inadmissibility.
4. Coordinate with NVC.
   Follow all fee payments and upload requirements in the NVC CEAC Portal.

5. FAQ

Can I leave while my I-601A is pending?

Technically yes—but doing so activates the bar and exposes you to visa refusal risk.
(See USCIS I-601A Guidance.)

Can I travel after approval?

Only to attend your consular interview. Even then, your visa is not guaranteed.
(See Department of State – Interview Preparation.)

Does I-601A grant Advance Parole?

No. Advance Parole applies only to adjustment applicants.
(See USCIS Advance Parole.)

What if my waiver is denied?

You cannot appeal but may re-file or pursue a full I-601 abroad.
(See USCIS I-601 Page.)

How long does the process take?

As of 2025, USCIS reports ~43 months for 80% of I-601A cases.
Check USCIS Processing Times Tool.

6. I-601A Waiver Process & Travel Decision Checklist

Key Takeaways

• Never travel abroad while an I-601A is pending unless absolutely unavoidable.
• An approved waiver does not equal a visa—it only takes effect after consular approval.
• All other inadmissibility grounds can still trigger denial.
• Stay in the U.S. until your consular interview is officially scheduled.
• If denied, explore filing a full I-601 abroad with legal guidance.
• Track progress via USCIS, NVC, and your Embassy/Consulate pages.

Author Bio

Richard T. Herman, Esq.
Founder, Herman Legal Group — The Law Firm for Immigrants
Co-author of Immigrant, Inc.
With over 30 years of experience representing immigrants and families nationwide, Richard Herman has been recognized for his deep expertise in family immigration, waivers, and complex consular processing.

• Visit: https://www.lawfirm4immigrants.com
• Book a Consultation: https://www.lawfirm4immigrants.com/book-consultation/
• Contact: https://www.lawfirm4immigrants.com/contact-us/
• About Richard: https://www.lawfirm4immigrants.com/about-us/richard-herman/

Primary Government References

• USCIS: I-601A Form Page | I-601 Form Page | I-601A Instructions (PDF) | Processing Times
• DOS: Immigrant Visa Process | Interview Preparation | Supplemental Guidance on I-601A Processing (PDF)
• NVC: Consular Electronic Application Center (CEAC)
• EOIR: Immigration Court Information
• CBP: Ports of Entry