If you are trying to adjust your status and have been found or are likely to be found inadmissible, then you may need a 601 waiver. Form I-601 is an “Application for Waiver of Grounds of Inadmissibility.” This is critical for foreign nationals who might otherwise be barred from entering or staying in the United States (U.S.) due to certain immigration violations, such as misrepresentation unlawful presence.
What is a 601 Waiver?
A 601 Waiver is an application that allows individuals who have been found inadmissible to the U.S. to seek forgiveness for their immigration violations under specific circumstances. The waiver doesn’t remove the violation; rather, it gives the person a chance to prove that they should be allowed to remain or return to the U.S. based on hardship that would be experienced by their U.S. citizen or lawful permanent resident family members.
This waiver is typically used when someone is inadmissible due to:
- Unlawful presence (being in the U.S. without legal status for a period exceeding the allowed stay).
- Fraud or misrepresentation (providing false information on immigration forms).
- Criminal convictions (certain criminal offenses that can make someone inadmissible).
The purpose of the 601 Waiver is to allow for forgiveness, ensuring that applicants can stay with their families in the U.S. if their removal would cause extreme hardship to their loved ones, often U.S. citizens or green card holders.
Qualifying Relative and Hardship
Not everyone who has a violation or is facing deportation is eligible for a 601 Waiver. The eligibility criteria is specific and requires that the applicant demonstrate certain conditions:
- Qualifying Family Member: The waiver can be granted only if the applicant can prove that their removal from the U.S. would result in extreme hardship to a qualifying family member, such as a spouse or parent who is a U.S. citizen or lawful permanent resident. The hardship must go beyond the usual difficulties families face when separated.
- Evidence of Hardship: Applicants must provide clear evidence of the hardship that their family members would face if forced to leave. They should also provide evidence of the hardship their qualifying family member would face if they had to accompany them to the foreign national’s home country. This can include financial, emotional, medical, and psychological factors that would make the family member’s life significantly more difficult without the applicant’s presence.
How to Apply for a 601 Waiver
The process for applying for a 601 Waiver is lengthy and involves multiple steps. First, applicants must submit Form I-601 to the U.S. Citizenship and Immigration Services (USCIS), along with the appropriate supporting documentation.
- Documenting Hardship: One of the most critical parts of the application is proving the hardship that your U.S. citizen or lawful permanent resident family members would face if the waiver is not granted. This can include medical records, financial documents, and testimonies from medical professionals, family members, or others familiar with the situation.
- Review and Decision: Once the application is submitted, USCIS will review the request and decide whether to approve or deny the waiver. Processing times can vary widely, and it’s not uncommon for the process to take several months or even years.
Importance of Legal Representation
The 601 Waiver process can be complicated and overwhelming, especially for applicants who may already be dealing with the emotional toll of family separation. Having an experienced immigration attorney can make a significant difference in the likelihood of success. Legal professionals can help applicants understand the specific requirements, gather the necessary documentation, and navigate the often confusing process to maximize the chances of approval.
If you would like to know more information about whether you should apply for a waiver, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Current as of February 11, 2025