I-601 Waiver of Grounds of Inadmissibility
An I-601, Application for Waiver of Grounds of Inadmissibility, is filed to permit an alien who has been denied admission to the United States gain admission under certain circumstances. This waiver is based on extreme hardship to United States citizen or lawful permanent resident relatives of the alien which would result if the alien’s inadmissibility cannot be waived.
Whether an applicant is eligible for a waiver depends on the benefit that they are applying for and the reason that they are inadmissible.
The qualifying relatives for an I-601 waiver vary depending upon the reason for the alien’s inadmissibility. If the alien is denied admission for unlawfully residing in the United States in the past or for misrepresentation, only United States citizen or lawful permanent resident spouses and parents may claim extreme hardship due to the alien’s absence. If the alien is denied admission for criminal reasons, United States citizen and lawful permanent resident spouses, parents, and children may claim extreme hardship due to the alien’s inadmissibility.
The purpose of the I-601 waiver application is to prove that the degree of hardship suffered by the alien’s relative(s) is extreme, and that this situation cannot be remedied by a move abroad on the part of the United States citizen or lawful permanent resident relative.
I-601 waiver must be supported with strong evidence such as doctors letters, government findings, as well as personal documentation.
Eligibility Requirements:
You may file Form I-601 to request the waiver for any applicable grounds of inadmissibility only in conjunction with one of the following applications:
- Immigrant visa;
- Adjustment of status;
- K-1 or K-2 nonimmigrant visa ;
- K-3, K-4, or V nonimmigrant visa;
- Temporary Protected Status;
- Nicaraguan Adjustment and Central American Relief Act;
- Haitian Refugee Immigrant Fairness Act;
- Violence Against Women Act self-petition, or
- T nonimmigrant visa status holder filing for adjustment of status who is inadmissible due to a ground that has not already been waived.
To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.