I-601/601A Waiver

1. What is Inadmissibility?

Inadmissibility means that a person is barred from entering or remaining in the United States because of specific reasons listed in the Immigration and Nationality Act (INA). These reasons can include health-related issues, certain criminal activities, security concerns, or prior unlawful presence in the U.S.

2. Grounds for Inadmissibility

Common grounds for inadmissibility include, but are not limited to:

• Health concerns, such as certain communicable diseases;
• Certain criminal convictions, especially crimes involving moral turpitude;
• Security-related issues, such as espionage or sabotage;
• Involvement in money laundering;
• Prior unlawful or illegal presence in the United States; and
• Participation in serious activities such as human trafficking or drug trafficking.

3. What is the I-601 Waiver?

Form I-601, Application for Waiver of Grounds of Inadmissibility, is used by individuals who have been found inadmissible to the United States. By filing this form, they can ask the U.S. government to “forgive” certain grounds of inadmissibility and allow them to enter or remain in the U.S. despite those issues.

4. What is the I-601A Waiver?

Form I-601A, Application for Provisional Unlawful Presence Waiver, is for certain individuals who are unlawfully present in the U.S. for more than 180 days and would trigger a bar to reentry when they depart. It allows eligible immediate relatives of U.S. citizens (and certain others) to request a provisional waiver of unlawful presence before leaving the United States for their immigrant visa interviews at a U.S. consulate abroad.

5. I-601 Waiver vs. I-601A Waiver

While both forms are used to overcome inadmissibility, they apply in different situations:

• I-601 Waiver: Can address a wide range of grounds, including certain criminal issues,
  health-related grounds, and unlawful presence, depending on eligibility.
• I-601A Waiver: Is limited to unlawful presence and follows a
  provisional process that takes place while the applicant is still in the United States,
  before traveling abroad for an immigrant visa interview.

6. Who Can Apply for the I-601 Waiver?

Individuals who are inadmissible under specific INA grounds (such as certain criminal, health-related, or other
factors) may be able to apply for an I-601 waiver. This may include, among others, people in the following
situations:

1. You are applying for an immigrant visa (green card) or a K or V visa outside the United States, you were interviewed by a consular officer, and the officer found you to be inadmissible.
2. You are in the U.S. and are applying for a green card (adjustment of status), and a waiver is available for your ground of inadmissibility.
3. You are in the U.S. and applying for a green card under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
4. You are applying for Temporary Protected Status (TPS).
5. You are in the U.S. and are applying as a self-petitioning Violence Against Women Act (VAWA) applicant or as the child of a VAWA self-petitioner.
6. You are in the U.S. and applying for a green card based on T nonimmigrant status (trafficking victim).
7. You are in the U.S. and applying for a green card as a Special Immigrant Juvenile based on an approved petition.

7. Who Can Apply for the I-601A Waiver?

You may be eligible to apply for a provisional unlawful presence waiver using Form I-601A if you fall into one of the following general categories:

• A qualifying relative of a U.S. citizen and/or permanent resident;
• A Diversity Visa lottery winner; or
• An immigrant visa applicant with an approved petition.

Basic Qualifications for Filing Form I-601A

1. You are physically present in the United States and able to provide biometrics here;
2. You are at least 17 years old;
3. You intend to leave the U.S. to obtain your immigrant visa legally at a U.S. consulate; and
4. You can show that your U.S. citizen or Lawful Permanent Resident (LPR) spouse or parent will suffer extreme hardship if you are not granted the waiver.

Additional Conditions

1. You are inadmissible only for unlawful presence of 180–365 days in a single stay; or
2. You are inadmissible for unlawful presence of one year or more in a single stay; and
3. You have an active case with the U.S. Department of State based on an approved immigrant visa petition or a Diversity Visa Program selection.

8. Who Does Not Qualify for a Form I-601A Waiver?

You are generally ineligible for a provisional I-601A waiver if you:

1. Are younger than 17 years old;
2. Have grounds of inadmissibility other than unlawful presence;
3. Already have a pending application to adjust status in the U.S.;
4. Are currently in removal proceedings (unless certain exceptions apply);
5. Fail to provide sufficient details and evidence of the hardships your qualifying spouse or parent would face if you are removed;
6. Do not have a pending case with the U.S. Department of State based on an approved visa petition or Diversity Visa selection; or
7. Have a prior order of removal issued before or during your pending I-601A application (with limited exceptions).

9. Extreme Hardship Criteria for the Unlawful Presence Waiver

To qualify for an I-601A waiver, you must show that your U.S. citizen or LPR spouse or parent would suffer
extreme hardship if you are removed from the United States or not allowed to return. Examples of extreme hardship may include:

1. Specialized treatment: Mental or physical health conditions that require specific, ongoing, or long-term treatment that is not reasonably available abroad.
2. Personal reasons: Family ties, age of family members, and emotional factors related to separation or relocation to another country.
3. Educational needs: Loss of educational opportunities or the need for specialized training that would be disrupted by removal or relocation.
4. Financial loss: Significant financial hardship, such as loss of income, cost of medical care, loss of property, or a substantial drop in standard of living.
5. Cultural considerations: Serious difficulties or fear of persecution or harm in the home country based on cultural, social, or other factors.