I-601, Application for Waiver of Grounds of Inadmissibility

If you are considered inadmissible to the United States and are looking to obtain an immigrant visa, adjust your status, apply for specific nonimmigrant statuses, or seek other immigration benefits, you need to submit this form to request a waiver for certain grounds of inadmissibility.

The I-601, or Application for Waiver of Grounds of Inadmissibility, is designed for individuals deemed inadmissible while seeking a visa or green card, regardless of whether they are in the U.S. or abroad. This form covers several issues, including unlawful presence, specific criminal convictions, and other factors that might hinder approval. If you face an obstacle during your application process, the I-601 enables you to request a waiver to continue with your application.

Who is eligible for the I-601 waiver?

To be eligible for an I-601 waiver, you must meet specific criteria and provide compelling evidence for special consideration. Here’s a summary of who may qualify:

• Family-Based Immigrants: Those applying for a green card through a family connection may qualify if denying their application would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
• Health Issues: Individuals with inadmissible health conditions can request a waiver, typically requiring proof of receiving or needing appropriate medical treatment.
• Past Immigration Violations: Those who have overstayed a visa or violated immigration laws may qualify if they can demonstrate that their absence would cause significant hardship to their family.
• Criminal Records: Individuals with certain criminal convictions may be eligible if they show evidence of rehabilitation and that their family would suffer extreme hardship without them.

The Process

Applying for an I-601 waiver is essential for individuals in the U.S. without legal status who need to leave the country to obtain a green card.

Complete the Form: Fill out Form I-601 accurately, providing your full name, Alien Registration Number, and complete answers.

Submit Supporting Documents: Include evidence of your relationship to a U.S. citizen or green card holder, proof of financial stability, and other relevant documents. Missing documentation can lead to application denial.

1. Pay the Application Fee: Attach proof of payment for the application fee, which is necessary for processing your request.
2. Attend an Interview: Be prepared for an interview at a U.S. embassy or consulate, where your information will be verified.
3. Wait for a Decision: After submission, USCIS will review your application. If approved, you can proceed with green card applications through consular processing abroad.

Experienced Attorneys at your Side

It’s advisable to seek guidance from an experienced immigration attorney when preparing your I-601 Application for Waiver of Grounds of Inadmissibility. An attorney can help gather compelling evidence that demonstrates family hardship and justifies why you should receive special consideration for your U.S. visa application. Additionally, they can prepare a legal summary to strengthen your waiver case and assist the adjudicating officer in understanding your situation.