Waivers I-601
​
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible. The I-601 application applies to certain aliens who believe they are ineligible for admission to the United States based on certain grounds of inadmissibility.
​
The I-601 and I-601A waiver application process is notoriously complex primarily due to the high level of scrutiny these applications face when under review by an immigration officer. The process is emotionally charged, time consuming, document heavy, and extremely invasive. On average, the process takes approximately 12 months or more. This timeframe does not take into account any delays that may be caused by requests for evidence or any delays that may be caused by the National Visa Center which processes thousands of applications everyday. It is not uncommon for the NVC to misplace or altogether ignore important documents. It is strongly advised that applicants scan and make copies of anything sent to USCIS and the NVC.
​
If you are seeking a waiver for accrual of unlawful presence which has lasted a period of less than one year during a single stay, or a period of more than one year during a single stay, you CANNOT apply for a waiver using the I-601 application. Instead you must use Form I-601A Application for Provisional Unlawful Presence Waiver. If you are seeking a waiver due to a 3-year or 10-year bar based on your unlawful presence, you may file the I-601 Application for Waiver of Grounds of Inadmissibility under INA section 212(a)(9)(B).
​
In order to qualify for the I-601 Waiver, you must have at least one qualifying relative through which you are making your claim for the waiver. K visa applicants are exempted from this requirement. In lieu of a qualifying relative, the K visa applicant must only demonstrate that the petitioner is an American citizen. For all other applicants, qualifying relatives may include a US citizen or Lawful Permanent Resident (LPR) spouse, parent, or child.
​
A crucial component to the success of an I-601 waiver application is to establish that your qualifying relative(s) would suffer an ‘extreme hardship’ if you were to be refused admission to the United States. This requires both the qualifying relative and applicant to submit a detailed declaration describing the extreme hardship the qualifying relative would face and the adverse impact the qualifying relative would suffer in the alien’s absence. The applicant must provide documented evidence where possible to substantiate the claims made in the declarations. For example, if the qualifying relative suffers from a medical condition, is disabled, depends on the alien in a significant way (financial, emotional, parental), or significant obligations exist which cannot be performed in the absence of the alien, evidence should be provided to build a stronger case. The declaration should also describe the different reasons why the application should be approved and the favorable factors which may push a DOS officer to make a favorable decision.
​
Favorable factors may include evidence of the alien’s good moral character, community service, ties to the community, achievements, and other favorable characteristics the alien possesses. The applicant should include documented evidence of good moral character wherever possible. It is very important that the applicant disclose all of the possible grounds of inadmissibility, circumstances, events, or conduct that may render them inadmissible. Failure to do so may result in future inadmissibility for an undisclosed event or ground that was left out of the waiver application. The I-601 application will require a written statement from the applicant explaining the specific grounds that the alien believes makes them inadmissible.
​
Applicants should describe any criminal convictions, medical conditions, immigration violations, etc. and provide necessary documentation where needed. Criminal records or conviction records must be certified court documents. Medical records should be provided for health-related grounds of inadmissibility. Certain grounds of inadmissibility require additional evidence to be included. For example, applicants seeking a waiver in connection with a temporary protected status application must demonstrate that the request is for humanitarian purposes to ensure family unity, or that the request is in the public interest. VAWA applicant’s inadmissible under INA section 212(a)(9)(C)(i) must establish a connection between the battery or extreme cruelty that occurred as a basis for the VAWA claim and the self-petitioner’s removal from the United States.
​
USCIS often considers 1) the qualifying relative’s health especially as it relates to ongoing or specialized treatment for a physical or mental condition, availability and quality of care of such treatment abroad, duration of treatment, duration of treatment, ability for the qualifying relative to take care of themselves criminal history 2) financial hardship especially as it relates to a decline in the standard of living for the qualifying relative and his or her children, protection in a foreign country, financial losses, cost of care for sick, elderly, or special needs children 3) loss of opportunity to receive high quality education 4) availability of similar employment abroad for the qualifying relative 5) the applicant’s immigration history 6) family ties to the United States especially taking into consideration family separation, ages of children 7) good moral character 8) bona fide hardships, the degree of the hardships, evidence in support of the hardship 9) and length of time the applicant has lived in the United States lawfully or unlawfully when reviewing a waiver request.
​
Validity of I-601 Waiver Of Grounds Of Inadmissibility
​
Generally, when granted the I-601 Waiver of Grounds of Inadmissibility does not expire.
Approved waivers are only valid toward the specific grounds of inadmissibility disclosed in the waiver application. Any crimes or incidents that you have not disclosed in your application will not be covered under the waiver. Exceptions exist for waiver applications submitted by 1) a convention adoptee in connection with Form I-800 Petition to Classify Convention Adoptee as an Immediate Relative 2) K nonimmigrant visa applicants seeking admittance to the United States on a K-1 or K-2 nonimmigrant visa 3) conditional residents seeking permanent residence on a conditional basis under INA section 216 and 216A and 4) TPS applicants requesting a waiver to apply for an I-821 TPS application which are subject to validity limitations.