I-601 Waiver for Immigrant Visa Ineligibility

1. What is an I-601 waiver for immigrant visa ineligibility?


An I-601 waiver is a form filed with the United States Citizenship and Immigration Services (USCIS) to request a waiver of certain immigration visa ineligibilities, such as criminal convictions, misrepresentations of material facts, and unlawful presence in the U.S. The waiver can be approved if the individual can demonstrate that their denial of a visa would cause extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent.

2. How do I qualify for an I-601 waiver?


In order to qualify for an I-601 waiver, you must demonstrate that a denial of the waiver would result in “extreme hardship” to a qualifying relative, which is usually a U.S. citizen or legal permanent resident spouse or parent. To apply, you must submit Form I-601, Application for Waiver of Grounds of Inadmissibility, along with documentation and evidence demonstrating that the denial of the waiver would create extreme hardship. Examples of hardship that can be used to demonstrate extreme hardship include financial difficulties, health issues, separation from family members, or educational opportunities.

3. What are the requirements for filing an I-601 waiver?


In order to file an I-601 waiver, the applicant must meet certain criteria, including demonstrating extreme hardship to a qualifying relative, such as a spouse or parent, if the waiver is denied; demonstrating that the person has a qualifying relationship with the qualifying relative and that the qualifying relative would suffer extreme hardship if the waiver were denied; proving that he or she does not pose a risk of harm to the United States; and proving that he or she is admissible to the United States and eligible for a visa or other immigration benefit.

4. What evidence must I submit to support my I-601 waiver application?


In order to support an I-601 Waiver application you must submit evidence that proves the qualifying relationship, demonstrates extreme hardship, and supports your good moral character. This evidence could include birth certificates, marriage certificates, financial records, medical records, letters from employers and/or family members, tax returns, police records, and other documents as necessary.

5. When should I file my I-601 waiver?


You should file your I-601 waiver when you have determined that you are inadmissible and need a waiver to be granted entry into the United States. Generally, you should file the waiver as soon as possible to avoid delays in processing.

6. How much is the filing fee for an I-601 waiver?


The filing fee for an I-601 waiver is $930.

7. What is the processing time for an I-601 waiver?


The processing time for an I-601 waiver can vary depending on the individual case. Generally, the processing time is between 3-6 months.

8. If approved, how long will the waiver be valid?


The validity of a waiver varies depending on the individual circumstances. Generally, the waiver is valid until you have a change in your immigration status or when USCIS determines that the waiver is no longer necessary.

9. Is a personal interview required for the I-601 waiver?


Yes, some applicants for a Form I-601 waiver may be required to attend an in-person interview. The interview is usually conducted at the nearest U.S. consulate or embassy. The applicant may also be interviewed by an immigration officer at a U.S. port of entry or at a designated USCIS office.

10. Can I submit my I-601 waiver application while outside the United States?


No, you must submit your I-601 waiver application while inside the United States.

11. How can I check the status of my I-601 waiver application?


Applicants can check the status of their I-601 Waiver application by visiting the USCIS website and logging into their account. Additionally, applicants can call the USCIS Contact Center at 1-800-375-5283.

12. What happens if my I-601 waiver application is denied?


If your I-601 waiver application is denied, you may be subject to removal proceedings. You may also file a motion to reopen or a motion to reconsider with the USCIS or a request for review with the Board of Immigration Appeals (BIA). You can also file an appeal with the U.S. Court of Appeals for the Circuit in which your case is pending.

13. Are there any waivers available for criminal convictions?


Yes, some states have waivers available for certain criminal convictions. Depending on the specific state, these waivers may be available for certain misdemeanors or felonies. The type of waiver available and its requirements vary from state to state.

14. Can illegal reentry be waived with an I-601 waiver?


Yes, it is possible to request a waiver of an illegal reentry charge with an I-601 waiver. In order to be successful in this waiver, you must prove that you are inadmissible due to extreme hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child.

15. Does an approved I-601 waiver guarantee the issuance of a visa?


No, an approved I-601 waiver does not guarantee the issuance of a visa. An approved I-601 waiver means the applicant has been found to be eligible to seek a visa or other immigration benefit and that their waiver request has been approved. However, the applicant must still meet all other eligibility criteria for the visa or immigration benefit they are seeking. The consular officer at the U.S. embassy or consulate in the applicant’s home country will make the final determination of whether or not to issue a visa.

16. Will a medical condition that makes me inadmissible to the United States be waived with an I-601 waiver?


Yes, a medical condition that makes you inadmissible to the United States can be waived with an I-601 waiver. The I-601 waiver is a form that can be used to request an exemption from certain inadmissibility grounds. For medical conditions, the I-601 waiver must show that the applicant’s admission to the U.S. would not create a public health risk. An approved I-601 waiver will allow you to enter the United States.

17. Are there any other crimes that will make me ineligible for an I-601 waiver?


Yes. In addition to the crimes outlined in the I-601 instructions, other criminal activities that can render someone ineligible for an I-601 waiver include: alien smuggling, document fraud, money laundering, and unlawful trafficking in firearms or controlled substances.

18. Is there a time limit to file an appeal if my I-601 waiver is denied?


Yes, you must file an appeal within 33 days after receiving the decision.

19. Are there any other factors that could make me inadmissible to the United States and require an I-601 waiver to overcome them?


Yes, there are a variety of other factors that could make someone inadmissible to the United States and require an I-601 waiver to overcome them. These include having certain communicable diseases, having been involved in human trafficking or smuggling, and having extremist beliefs. Additionally, individuals may also be found inadmissible if they have violated immigration laws in the past, have been convicted of certain criminal offenses, or have a history of fraud or misrepresentation.

20. Are there any circumstances that would make me ineligible for a grant of a provisional unlawful presence waiver even if my I-601 waiver is approved?


Yes, there are circumstances that could make you ineligible to receive a provisional unlawful presence waiver even if your I-601 waiver is approved. Some of these circumstances include if you have an outstanding order of removal, if you have an inadmissible criminal or security-related ground of inadmissibility, or if you have engaged in fraud or willful misrepresentation. Additionally, certain visas may also disqualify you from receiving the provisional unlawful presence waiver.