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I-601, Application for Waiver of Grounds of Inadmissibility

How can we help with I-601 Waiver application?

Immigration Waiver Law Firm is Specialized in Waiver Cases and have proven record of approvals.

To increase your chance of approval : 

1- We will write both, the qualifying relative hardship letter , and the beneficiary letter for you. (Value at $1000)

2-We also request an expedite of your case to accelerate the process of your case, if eligible. (Value at $500)

Call us for a FREE CONSULTATION with an attorney. Don't think, just do it. 

Immigrate to the United States, become a permanent resident, or obtain nonimmigrant status by filing an I-601 Application for Waiver of Grounds of Inadmissibility if certain conditions of inadmissibility or behavior exist that prevent the applicant from being otherwise accepted. The I-601 is for aliens who are considered disqualified from entering the United States for specific reasons of inadmissibility.

In part due to the intense scrutiny of these applications by immigration officials, the I-601 and I-601A Waiver application procedure is notoriously difficult. Emotional, time-consuming, document-laden and intrusive are just some of the adjectives used to describe the procedure. The procedure usually takes a year or more to complete. Due to the volume of applications processed by the National Visa Center, this period does not include the difficulties that the National Visa Center may create. The National Visa Center has lost or ignored many vital records. All documents submitted to the NVC or USCIS must be scanned, and a copy must be kept for future reference.

It is not possible to apply through Form I-601 if it is an exemption for accrual of unlawful presence that has lasted less than one year or more than one year within the same stay. Form I-601A, Application for Provisional Unlawful Presence Waiver, should be used instead of Form I-601. For a waiver of inadmissibility under section 212(a)(9) of the INA, you can file I-601, Application for Waiver of Grounds of Inadmissibility (B).

Each applicant must have at least one Qualifying Family Member in order to apply for the I-601 Waiver. This rule does not apply to K visa applicants. The K visa applicant must prove that he or she is a US citizen in order to apply for a visa. The spouse, parent, or parent of a US citizen or Lawful Permanent Resident (LPR) may be a qualifying relative for all of those applicants.

I-601 Waiver applicants must demonstrate that their eligible family members would experience an "undue hardship" if they were denied entry to the United States. Applicants and eligible family members must submit a comprehensive statement describing the great hardship the eligible family member would experience and the negative effect it would have in the absence of the immigrant. Whenever possible, documentary evidence should be provided to support the allegations set forth in the applicant's statements. Such evidence should be provided to strengthen the relative's case if the relative has medical problems, is disabled, is significantly dependent on the foreigner (financially, emotionally, as his parents), or has important obligations that he or she could not fulfill without the foreigner. The statement must also explain why the request should be granted and the beneficial elements that may convince a DOS official to grant it.

Evidence of excellent moral character, community service, community ties, achievement, and other positive attributes of the alien may be considered favorable elements. Whenever possible, the candidate should provide documented evidence of good moral character. The applicant must disclose any probable grounds of inadmissibility, event, or behavior that may render the applicant ineligible. This could result in future inadmissibility due to an event or reason not disclosed in the Waiver application. I-601 applicants will need to submit a written statement explaining why they feel inadmissible to the US.


A thorough explanation of the applicant's background and any relevant documents is required on all applications. A verified court document must be presented for any criminal record or conviction. In the case of inadmissibility on medical grounds, medical documents must be submitted. Additional evidence may be required to overcome some grounds of inadmissibility. Waiver applications for Temporary Protected Status must demonstrate that the application is in the public interest or is made for humanitarian reasons, such as maintaining family unity. It is necessary to show that the VAWA applicant's removal from the United States is linked to the abuse or excessive cruelty on which the VAWA application was based.


There are several factors that USCIS takes into account when deciding whether or not to grant an immigrant visa to a qualifying family member, such as the physical or mental health of the family member, the country's ability to provide adequate medical care, and criminal history. of the relative 2) The deterioration of the standard of living of the qualifying family member and their children, security in a foreign nation, economic difficulties and the expense of caring for sick and elderly children or those with special needs are some examples of difficulties. 3) the decline in the quality of education available 4) in addition, a qualified family member can get a job in a comparable position abroad. 5) the person's previous immigration status 6) family ties to the United States, especially considering family separation and the age of the children, are an important factor 7) strong moral character; 8) bona fide difficulties; 9) tests that favor difficulty; When evaluating a Waiver application, it is important to consider how long the applicant has been in the United States legally or illegally.

Validity of I-601 Waiver of Grounds for Inadmissibility

The I-601 Waiver of Grounds of Inadmissibility form does not usually expire when it is issued. Waivers must refer to the precise grounds of inadmissibility stated in the waiver application to be effective. The Forgiveness will not apply to crimes or events that you have not declared in your application.

I-601A Application for Provisional Unlawful Presence Waiver

Immediate family members, such as a US citizen spouse or parent, must file Form I-601A to apply for an unlawful presence waiver on behalf of an alien relative. The individual must meet certain criteria to be considered for this program, including the following: a) be the beneficiary of an approved Form I-130 Petition for Alien Relative or Form I-360 Petition for American Widowed o Special Immigrant; b) be at least 17 years old at the time of application; c) be physically present in the United States; and d) have accumulated unlawful presence for 180 days or more, but not more than (II). The I-601A application cannot be combined with any other application. If you do, the USCIS will deny your Waiver application. Applicants who have received an I-601A Provisional Waiver should contact the Executive Office for Immigration Review (EOIR) to have any removal proceedings dismissed or terminated. The applicant must then leave the country to appear for an interview at a US consulate abroad to obtain an immigrant visa. If you don't, the I-601A will be invalidated. The I-601A Provisional Waiver is not possible if:

  1. USCIS is currently reviewing your Form I-485, Application to Register Permanent Residence or Adjust Status;

  2. The Department of Justice's Executive Office for Immigration Review (EOIR) calendar does not indicate that your removal proceedings have been administratively closed and has not been put back on the calendar to continue your removal proceedings by filing Form I-601A. Once the EOIR ends or rejects the case, the removal proceedings are over. In order for EOIR to stop considering your case, a hearing is required. If you are in any doubt, you should contact the EOIR or seek legal advice from a reputable attorney;

  3. If you have been ordered to leave the country under section 241(a) of the INA, you are also subject to a final order of deportation, removal or repatriation (5);

  4. Your Form I-601A was based on an authorized Qualifying Relative petition, and DOS scheduled your interview before January 3, 2013;

  5. You cannot demonstrate that your situation merits a "favorable exercise of discretion" by providing documentation of your excellent moral character, service to your community, ties to the United States, achievements, and other favorable characteristics. Your spouse or parent, who is a U.S. citizen, must show that being denied entry into the country would cause them extreme hardship, either by staying in the country without you or moving abroad to be with you outside the country, and

Grounds of ineligibility other than unlawful presence may be requested at the time of the immigrant visa meeting with a foreign diplomat for evaluation of a Temporary Waiver, per USCIS  

Grounds of Inadmissibility for the I-601 Application

Immigrant visa applicants, K and V nonimmigrant visa holders, and those who have been found inadmissible for modification of their status to legal permanent residence at their consular interview abroad, may apply for compensation from the inadmissibility based on the following factors,

  1.  "health-related grounds of inadmissibility";

  2. Inadmissibility due to contagious disease of public health relevance

  3. A legal resident who seeks to obtain an exemption from the vaccination obligation based on his religious opinions or moral beliefs may do so through the section

  4. A physical or mental illness that endangers your safety, property, welfare, or the safety of others, or has endangered you;

  5. Specific criminal reasons for denying entry;

  6. Immigration fraud and deception;

  7. Affiliation with a dictatorial political party

  8. foreign smugglers;

Immigrants who have been in the United States illegally for more than three years or more than ten years are subject to a three- or ten-year bar;

I-212 Criminal Cases

You may apply for a Waiver of Inadmissibility if you have been convicted of a crime of criminal conduct, a controlled drug offense in any state or nation, two or more crimes other than political belief, prostitution, commercial illicit vice, or of significant criminal conduct that includes immunity from prosecution. Some serious or deadly crimes, such as murder, may not be admissible if the circumstances of your conviction are not exceptional enough to allow for a good conclusion. The I-601 Waiver is not available to anyone convicted of murder, torture, attempted murder, or conspiracy to commit murder or torture.

Note: The I-601 Waiver is not required for certain crimes of moral turpitude. If you have a criminal record, do not hesitate to contact our office to see if you need to file the I-601 Waiver. If you're not sure about something, take a close look at the I-601 guidelines.

Documents Supporting I-601

Listed below are the documents that must accompany the I-601 petition. If you have any doubts about your application, it is best to consult a professional lawyer. Depending on the facts of the case, other documents may be required.

The following are just a few of the many possibilities:

biographical documents

  • Proof of qualifying family member's legal status (copy of US birth certificate, US naturalization certificate, or US passport for US citizens or copy of Lawful Resident (LPR) Green Card);

  • Copy of the marriage certificate of the applicant and the beneficiary;

  • Copy of beneficiary's birth certificate, passport identification page, US visa identification page, and I-94 (if applicable);

  • Copies of the birth certificates of the children born from the marriage of the applicant and the beneficiary;

  • Documentation previously filed by the beneficiary with USCIS (any notice of receipt, approval, etc.), if applicable;

  • Color photos of the beneficiary and petitioner together with friends and family (if you have children, all family members together, vacation photos with family and friends together, family events, photos of community involvement , etc.);

Be sure to indicate on the back of each photo the date and the names of the people who appear in it, the locations where the photograph was taken and the cause of the event;

Applicant Documents

Declaration of Petitioner or Qualifying Family Member:

Describe how you think you will suffer during extreme hardship if your partner or child cannot be by your side in the United States; o the extreme hardship you will experience if you are ordered to leave the United States;

This statement is an extremely vital text. Your statements must be accompanied by solid evidence that supports the allegations.

The statement should report the following issues, if any are relevant to you:

A. Your career/education

  • As a qualifying family member, are you employed in an organization with a position that has taken you years of work to achieve? Have you recently promoted to Manager? How many months or years has it taken you to get to this position? As an employee, are you considered valuable? Will your boss be willing to write a letter stating your importance? If you lost everything you worked hard for, how would you feel? Do you have a unique career path?

  • You are a student? How much progress have you made? What do you study exactly? Are you the first person in your family to go to college? Will you be able to improve your living standards thanks to it? Will you be able to pay for school while studying abroad, and how? Will you be able to find work if you are forced to leave the United States?

  • Financial Aid - Do you have any outstanding student loans? Will you be able to pay off your college debts? (It is crucial to note that a lower standard of living or the inability to pay US debts if you move abroad is NOT a good argument in and of itself, but it can add to the total suffering.)

  • Will the petitioner (qualifying family member) have the same opportunities in the country of the beneficiary?

  • Are you a member of the military? What impact will this have on your career? Do you have permission to travel to the country of the beneficiary (some countries require authorization from your command)?


B. Financial Difficulties

  • What are your financial obligations and debts? Provide supporting evidence such as credit card statements, mortgage payments, hospital bills, etc.;

  • Do you have two homes to support? Provide utility bills, phone bills, medical bills, and any rent receipts;

C. Depression

  • Does the applicant have a history of depression, anxiety and stress? How will this incident affect the applicant's depression? Have you undergone any kind of therapy? What medications have been prescribed?

D. Health problems of the petitioner:

  • Does the petitioner have health problems? Do you have health insurance contracted by your boss? How will the petitioner be able to pay for medical services provided in the beneficiary's country? How will this affect the petitioner's health?

E. Matters related to the petitioner's family:

  • Do you have any other family-related problems: for example, elderly parents of the petitioner, siblings or other relatives who may be ill or dependent on the petitioner?;

F. The petitioner cannot remain in the US without the Spouse Beneficiary.

  • Is the petitioner financially dependent on the beneficiary?

  • Is there any document indicating the partner's contribution to the petitioner's basic needs: education, expenses, etc.?


Other statements/letters from family and close friends:

Letters should address the concerns of eligible family members and not the beneficiary, and should include:

  • A description of your relationship to the qualifying relative;

  • Whether or not the beneficiary is responsible for the care and support of the applicant in a material way;

  • How do you think it may affect the petitioner if, in the event that the beneficiary receives the order to leave the country;

  • If you are in the military, request a letter from your commanding officer and/or military captain outlining any difficulties you are having as a military associate;

  • Letters/evaluations from the applicant's licensed physician, psychiatrist, psychologist, or therapist;

Psychological evaluation of the doctor, describing the degree of stress and depression if the beneficiary has to go home; (Ask us for a list of essential objects in the evaluation or a recommendation from a doctor or psychologist).

Beneficiary Documents

Describe why you care about your parent or spouse, who is a US citizen, and why you think they are suffering or will suffer great hardship if you cannot return to the US Do not talk about your wishes, difficulties or desires. Focus totally on your parent or spouse.

A declaration can be filed, even if the USCIS does not take into account the declaration of the beneficiary. The following topics should be covered in the declaration:

Beneficiary with Long-term Residence

If you are applying for a Waiver based solely on the fact that you have lived in the United States for more than ten years, you will need to provide proof of residency.

Submit copies of the applicant's last three tax returns, if the applicant has worked.

Other tests of extreme difficulty can be, among others, the following:

  1. Statements from qualified family members or others with first-hand knowledge of the reported difficulties;

  2. Expert opinions;

  3. Evidence of employment or business relationships, such as pay stubs or tax returns;

  4. Proof of monthly expenses, such as a mortgage, a rental agreement, bills and receipts;

  5. Additional financial data supporting any claim of financial hardship;

  6. Medical tests and/or professional evaluations justifying any declared medical hardship;

  7. Evidence of cultural ties, volunteer information, and records of membership in community groups;

  8. Documents showing any claimed family relationship, such as birth, marriage, or adoption documents;

  9. Reports on the state of the country;

  10. Any other proof that the alleged difficulties exist;

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