I-601 and I-601A Waivers

What is Form I-601?

Form I-601, known as Application for Waiver of Inadmissibility, is used when someone who is ineligible to adjust status in the U.S. or not allowed as an immigrant into the U.S., seeks a waiver on certain grounds of inadmissibility.

Who Qualifies for an I-601?

Your eligibility to use I-601 is dependent upon the immigration benefit you are seeking and the reason for your inadmissibility. Some reasons for inadmissibility are:

  • Health-related grounds of inadmissibility,
  • Certain criminal grounds of inadmissibility,
  • Immigration fraud and misrepresentation,
  • Immigrant membership in totalitarian party,
  • Alien smuggler,
  • Being subject to civil penalty, and
  • 3-year or 10-year bar due to previous unlawful presence in the U.S.

What Documents are required?

When filing your I-601, you will need to provide documentation that supports your claim for a waiver. The documentation should show how the favorable factors for why your waiver should be granted outweighs the unfavorable factors. Depending on the type of waiver you are trying to get, you may want to include some of the following evidence (keep in mind the list is not limited to the following):

  • Affidavits from you or other individuals;
  • Police reports from any country you lived in;
  • Complete court records about any conviction or charge from any country;
  • If applicable, evidence of rehabilitation;
  • Medical reports;
  • Any evidence you may wish to submit to establish that your admission to the U.S. would not be against the national welfare, public safety, or national security of the U.S.

Interesting fact

As of March 4, 2013, a new rule went into effect that lessened the time that family members applying for a Green Card had to spend abroad during their application process. The purpose of this was to decrease the hardship felt by the American citizen.

Who Qualifies for the I-601A

In order to qualify for this new change, you must be the immediate relative of a citizen and they must be willing to file your Form I-601A. In order to file you must meet the following requirements prior to departing from the U.S.:

  • The Green Card applicant must be over the age of 17;
  • The Green Card applicant must be an immediate relative- a spouse, a child under 21, or a parent- of a U.S. citizen;
  • The Green Card applicant must have an approved Form I-130;
  • The Green Card applicant must not have had a Green Card interview scheduled before January 3, 2013;
  • The Green Card applicant’s only setback must be his or her unlawful presence;
  • The Green Card applicant must be able to demonstrate that without the waiver and the reduction of time away, his or her family in the U.S. will experience extreme hardship; and
  • The Green Card applicant must have all removal proceedings administratively closed.

If you wish to file a Form I-601A under the new rules outlined above, you must notify the Department of State’s National Visa Center.

Why you need an Attorney?

When filing an I-601, it is smart to hire an immigration attorney to help you with your application. Reason being, they will know which evidence to provide to help support your case the most. Furthermore, they will understand the legal terms being used.

Contact Us

To discuss your I-601 with an immigration attorney from the American Visa Law Group, feel free to click the contact us tab and fill out the inquiry form or call us at 510-500-1155.