I-601 Waiver of Grounds of Inadmissibility
An Application for Waiver of Grounds of Inadmissibility (I-601) may be an option for immigrants who are the spouses, fiancés or parents of U.S. citizens or legal residents and have been denied admissibility for a green card based on certain grounds of inadmissibility.
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What is a 601 Waiver?
The I-601 Waiver is used by those applying for adjustment of status, an immigrant visa, or certain non-immigrant visa applicants that are “inadmissible.” If they are able to meet the requirements of this application, they can overcome the reason for inadmissibility that is preventing them from obtaining a Green Card.
The major inadmissibility classifications include:
-Previous Immigration Fraud
-Previous Deportation or Removal from the U.S.
-Previous Visa Overstays
-Drug abuse, addiction and trafficking
-Physical or mentally disabled individuals that may cause harm to themselves or others
-Alien smuggling
-Security-related
-Public Charge
What are the requirements to file an I-601 Waiver?
An immigrant must file an application addressing the basis for inadmissibility and provide sufficient proof that denial will result in extreme hardship for the relative U.S. citizen or legal resident, also known as the “qualifying relative.”
It’s important to note that the I-601 Waiver process can be complex. The eligibility criteria and application process may vary depending on the specific circumstances of the case. Individuals seeking an I-601 Waiver are advised to consult with an immigration attorney for guidance tailored to their situation.
What is considered extreme hardship?
A major element in obtaining a waiver is providing proof of the hardship that the qualifying relative will suffer. Factors that may constitute an extreme hardship include:
-The relative has to leave the U.S. to be with you
-You need medical treatment on a continual basis (e.g., for a brain tumor or multiple sclerosis)
-Your country is embroiled in a civil war or constant political upheavals
-You are the primary caretaker for an elderly, disabled or seriously and chronically ill relative
-Your education would be significantly interrupted or terminated
-You would lose or be denied significant employment opportunities if denied
-You are the primary caregiver for your children from a prior relationship and who have an emotional attachment to you
Who is a qualifying relative?
A qualifying relative is someone who files the immigrant petition and who would suffer extreme hardship if the immigrant was not allowed to enter as a permanent resident.
The qualifying relative must be:
-A U.S. citizen or legal resident spouse or parent, if the immigrant is denied for unlawful presence or misrepresentation
-A U.S. citizen or legal resident who is a spouse, parent or child of the alien who is denied admissibility based on criminal history
-A U.S. citizen fiancée
Wondering if you qualify for an I-601 waiver?
Let our experienced immigration attorneys guide you through the I-601 waiver process.
Frequently Asked Questions
The I-601 Waiver is used to waive grounds of inadmissibility and the I-601A Waiver is used to waive provisional unlawful presence. In other words, form I-601 lets you get a visa even after being denied. You have to have a compelling reason to receive this visa. Form I-601A lets you stay in the U.S. even after a visa overstay to help a family member. The second difference between the two waivers is that Form I-601 can be filed from outside or inside the United States, while Form I-601A must be filed from within the United States.
While unlawful presence is grounds for inadmissibility, many immigrants can obtain an I-601A provisional waiver. Others, however, may face more difficulty if they are deemed inadmissible based on conditions such as a criminal record, misrepresentation, marriage fraud or other immigration violations. With an experienced and resourceful immigration lawyer, you can present credible arguments to overcome these obstacles though you will likely have to show greater evidence of the hardship that your denial would produce.
If you have a criminal record, you may show evidence of rehabilitation such as:
-An expungement of your record
-Letters from law enforcement, judges, or probation officer attesting to your rehabilitation and unlikelihood of re-offending
-Youth and length of time since crime was committed
-Completion of alcohol or drug program and demonstration that you are not a drug addict or alcoholic; or, demonstration that you have been drug and alcohol-free for three years
-For other immigration law violations, your attorney may be able to argue that:
-You had a bona fide belief you were in compliance with the law
-You and your American spouse have children in common
-You entered the U.S. as a child with your parents
However, if you ever claimed to be an American citizen for purposes of immigration, this is a permanent ground for inadmissibility, and no waiver will be granted.
There are some circumstances under which you may not file for an I-601 waiver, though other options for entry may be possible. These include:
-You were in the U.S. unlawfully for more than one year, departed, and then reentered without inspection
-You previously made a false claim that you were a U.S. citizen, unless you can show that the claim was not intentionally made without a reasonable basis, or that you had a reasonable basis for your claim
-You were or appear to be a member of a criminal gang (such as having gang tattoos)
-You have a drug conviction after the age of 18 unless it was for possession of fewer than 30 grams of marijuana
-You failed to attend a removal hearing and have been in the U.S. for at least five years
-Immigration officials determined you were in a sham marriage
-You filed a frivolous asylum claim
It is important to note that if you were previously in the U.S. unlawfully and have been outside the country for ten years, you can reapply for entry without the need for a qualifying relative.
We’re here to help you navigate the waiver process with experience and compassion.
