The I-601 Waiver, officially known as the Application for Waiver of Grounds of Inadmissibility, allows certain individuals who have been deemed inadmissible to the United States to request a waiver of their ineligibility. This waiver is commonly used by individuals applying for immigrant visas, adjustment of status, or certain nonimmigrant visas who would otherwise be barred from entering the U.S.

I-601 vs. I-601A Waiver

• I-601 Waiver: Filed by individuals already deemed inadmissible at a consulate or within the U.S.
• I-601A Provisional Waiver: Available only for unlawful presence and filed before leaving the U.S. for consular processing.

You may need to file Form I-601 if you are found inadmissible under one or more of the following grounds:

• Unlawful presence (e.g., overstaying a visa for more than 180 days and triggering a 3- or 10-year bar)
• Fraud or misrepresentation (e.g., providing false information on an immigration application)
• Certain criminal convictions (e.g., crimes involving moral turpitude, drug offenses, or multiple convictions)
• Health-related grounds (e.g., certain contagious diseases or failure to provide required vaccinations)
• Membership in a totalitarian party or other security-related grounds

To be eligible for an I-601 waiver, applicants must demonstrate that their denial of admission would result in extreme hardship to a qualifying relative, such as:

• A U.S. citizen or lawful permanent resident spouse or parent
• In limited cases, other family members depending on the ground of inadmissibility

The U.S. Citizenship and Immigration Services (USCIS) evaluates various factors when determining extreme hardship, including:

• Family separation and emotional impact
• Financial difficulties (e.g., loss of primary income)
• Medical needs that cannot be treated outside the U.S.
• Country conditions in the applicant’s home country (e.g., war, instability, lack of healthcare)

1. Determine Eligibility: Confirm that you qualify for the waiver based on your inadmissibility ground and extreme hardship requirements.

2.Prepare Form I-601: Complete the Application for Waiver of Grounds of Inadmissibility (Form I-601).

3.Gather Supporting Documents:
– Evidence of hardship to a qualifying relative
– Medical records, financial statements, or psychological evaluations (if applicable)
– Letters of support from family, employers, or community members
– Any other documentation that strengthens your case

4.Submit Your Application:
– If applying from outside the U.S., file with USCIS or the U.S. consulate handling your case
– If inside the U.S., submit as part of an adjustment of status application

5.Wait for a Decision: Processing times vary, but most cases take 6-12 months.

Filing an I-601 waiver is complex and requires strong legal arguments and extensive evidence. Our experienced immigration attorneys can:

• Assess your eligibility and develop a compelling case
• Help gather evidence to demonstrate extreme hardship
• Provide legal support through the waiver process
• Maximize your chances of approval