601 Waivers

There are various grounds of inadmissibility that prevent individuals from legally staying in the United States or legally entering the United States. Common grounds of inadmissibility are fraud, criminal record, unlawful presence, and certain diseases.

What is the difference between an I-601 Waiver and an I-601A waiver?

The main difference between the two waivers is the location of the applicant. You can apply for a 601 waiver from inside or outside the U.S. However, you must be in the country to apply for the 601A waiver. The 601A is intended as a pre-approved waiver of inadmissibility.

The 601 waiver is broader than the 601A, allowing the applicant to waive numerous grounds of inadmissibility (i.e. unlawful presence and criminal grounds). However, the 601A waiver is only for individuals seeking waiver of the 3 or 10 year bar, not for other grounds listed above. Upon approval of the 601A waiver, the applicant is required to leave the U.S. and conduct his or her consular interview.

Am I eligible to file Form I-601?

1. You must be applying for immigration benefits under an eligible category:

   1. Immigrant visas

   2. Adjustment of Status petitions (I-485)

   3. K-1, K-2, K-3, and K-4 Visas

   4. V Visas

   5. Temporary Protected Status (TPS), or (among others)

   6. Certain T nonimmigrant visa holders filing Form I-485

2. Your grounds of inadmissibility must be “waivable” (*not all grounds are waivable)

3. You must have a “qualifying relative”

   1. U.S. Citizen or LPR spouse or parents

   2. *Children typically do not qualify on their own, and

4. You must show that denial of your waiver would cause extreme hardship to your qualifying relative

Am I eligible to file Form I-601A?

1. You must be present in the United States when the application is filed

2. You are the beneficiary of a pending or qualifying immigrant visa application (Ex. I-130, Petition for Alien Relative)

3. You must have a “qualifying relative”

   1. U.S. Citizen or LPR spouse or parents

   2. *Children typically do not qualify on their own

4. You must show that the qualifying relative would suffer extreme hardship if your waiver is denied

5. Your only ground of inadmissibility is the 3 year bar or the 10 year bar

6. You must not be in deportation proceedings

7. You must have never been ordered deported, removed, or excluded from the U.S.

8. You must not have an adjustment of status application pending, and

9. You must not already be scheduled for an immigrant visa interview at a U.S. Embassy or consulate abroad

What is extreme hardship?

USCIS evaluates many factors when determining whether extreme hardship exists, including: family ties and impact, social and cultural impact, economic impact, health conditions and care, and country conditions.

The following factors are particularly significant as USCIS has determined that they often weigh heavily in support of finding extreme hardship:

1. Qualifying relative previously was granted Iraqui or Afghan Immigrant Status, T Nonimmigrant Status, or Asylum or Refugee Status

2. Qualifying Relative or Related Family Member’s Disability

3. Qualifying Relative’s Military Service

4. DOS Travel Warnings, and

5. Substantial displacement of care of applicant’s children

Why would my I-601 Waiver be denied?

1. You failed to submit the required documents

2. You did not submit the appropriate waiver application

3. You missed an appointment or deadline

4. Failure to prepare for the visa interview

5. Failure to hire a qualified attorney

6. You did not prove “extreme hardship”, and/or

7. Failure to provide a legal brief

What happens if my waiver is denied?

There is no appeal process if your waiver is denied. Because there is no limit to how many times an individual can file for a hardship waiver, you can reapply. However, we strongly urge you to contact our office for assistance.