Form I-601, otherwise known as Application for Waiver of Grounds of Inadmissibility, is administered by U.S. Citizenship and Immigration Services. This waiver allows non-citizens the ability to seek admission to the United States as an immigrant or adjust their status to permanent resident, even if inadmissible to the United States for particular reasons if they can demonstrate extreme hardship to a qualifying relative. For this program, “extreme hardship” is defined as life difficulty that is significantly greater than would be experienced if the person were not allowed entry into the country. Common extreme hardship factors include:
The Immigration and Nationality Act provides a long list of broad grounds that make people ineligible for admission to the United States, from criminal activity and national security concerns to lack of labor certification and prior removals. However, being found ineligible in accordance with that list doesn’t necessarily mean that someone is out of options.
The I-601 process is available only to people who have been found ineligible for certain visa classifications for particular reasons. Generally, individuals seeking the following visa classifications may apply for a I-601 waiver:
If you were previously deported from the United States, you may also need to file a Form 1-212 with your hardship waiver form. You’ll also need to provide extensive supporting documentation. While that may vary depending on the specifics of your situation, some commonly accepted forms of documentation include
Once USCIS has reviewed your waiver application, it will let both you and the consulate know its decision. But be prepared to wait. Not only are the program regulations complex, but the application process is also convoluted and lengthy. The good news is that if your waiver is approved, most waivers are valid indefinitely, though only for the actions listed in the application. If you are denied, you may appeal the decision using Form I-290B.
Everything about the I-601 waiver program is complicated, from the qualifying regulations to the process for seeking a waiver and especially because, for most people, a hardship waiver represents the possibility of gaining entry into the United States, it’s important to get everything right when applying.
That’s where Farmer Law comes in. With a seasoned team of attorneys who have experience in all facets of immigration law, you can rest assured that your waiver application has the best chance of approval. Contact Farmer Law today to begin the I-601 or I-601A waiver process.
Reach out to us for any questions on specific U.S. immigration laws, U.S. immigration forms, citizenship applications,
U.S. work visas, or any other aspect of immigration law.
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