I-601/I-601A Waivers

What is the difference between an I-601 and an I-601A waiver?

Both are waivers of inadmissibility that are based on hardship to a qualifying U.S. citizen or LPR relative. The main difference is that you can apply for the I-601 from inside or outside of the United States; for the I-601A, you have to be in the country since it is designed as a pre-approved waiver of inadmissibility. The I-601A is designed to reduce the time of family separation during the process.

For what reasons would I be inadmissible?

Inadmissible means that you cannot come legally into the United States. Common reasons are: a criminal record, fraud, illegal presence, or certain diseases.

Are certain reasons for inadmissibility easier to overcome than others?

Yes. Fraud is often the hardest to overcome. Processing time and approval rates also vary by country. Lately, these applications have been taking longer.

How can I be eligible for an I-601 or I-601A waiver?

You are eligible if you are inadmissible and you can show that your removal would cause “extreme hardship” to a “qualifying relative.”

What is “Extreme Hardship?”

Extreme Hardship is not specifically defined, and you need to show hardship in two possible outcomes: whether your relative remains in the United States without your or accompanies you to your country of origin. Hardship can include psychological/emotional trauma, financial difficulty, medical conditions, safety concerns in the home country, or other considerations.

Who counts as a “Qualifying Relative” for I-601 or I-601A waivers?

Qualifying Relatives can be your U.S. Citizen or Legal Permanent Resident spouse or parents. Children generally do not count on their own, but having children can make your case stronger.

If my I-601 or I-601A waiver is granted, can I get a Green Card?

Yes. While approval of these waivers does not directly allow you to gain a Green Card, they are often an important step in the process.

Read our I-601 and I-601A  Success Stories

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