What is an I-601 Waiver?

If you are applying for a green card but have encountered problems that would typically prevent you from entering or remaining in the U.S., you may be able to apply for an I-601 waiver. Form I-601 covers many possible issues including certain criminal records, specific health conditions, unlawful presence, and previous visa violations. Approval for I-601 often hinges on the documentation and supporting evidence you provide. Below, our Atlanta consular cases and waivers lawyer explains what you need to know about this form.

What is a Waiver of Grounds of Inadmissibility? 

Using Form I-601, you are asking the government to forgive the specific issue that would otherwise prevent you from entering or staying in the United States. For this application to be approved, you must show that being denied entry or a stay in the U.S. would cause extreme hardship for a family member who is an American citizen or lawful permanent resident.

Qualifying for an I-601 Waiver 

The requirements to qualify for a waiver depend largely on the reason you are considered inadmissible. The breakdown for eligibility is as follows:

• Family-based immigration: If you are applying for a green card through family-based immigration, you may qualify if a denial would cause extreme hardship to a parent or spouse who is an American citizen or lawful permanent resident.
• Medical conditions: If you are considered inadmissible due to a health condition, you can apply for a waiver if you can show that you are receiving or will receive the necessary medical treatment.
• Previous immigration violations: If you entered the country illegally, overstayed your visa, or have otherwise violated immigration laws, you may qualify for a waiver if you can prove that a parent or spouse who is an American citizen or lawful permanent resident would suffer extreme hardship if you were not in the country.
• Criminal history: If you are ineligible for entry due to a criminal history, you will still have to show that a relative would suffer extreme hardship if you were denied entry or the right to stay. It is also important that you provide evidence of rehabilitation.

What is Considered Extreme Hardship that Qualifies for a Waiver?

Extreme hardship encompasses far more than the typical difficulties of being apart from your family. The U.S. Citizenship and Immigration Services (USCIS) will consider two scenarios when determining if extreme hardship is a factor. The first is what will happen if your relative remains in the United States without you. The other is what will happen if your relative moves abroad with you. It is important to address both of these in your application and provide sufficient evidence. Some examples of extreme hardship include:

• You are the primary caregiver of a relative who has serious medical needs
• Your family is dependent on your income and will experience financial hardship without it
• Your relative would experience severe emotional distress during your absence, particularly if they are already suffer from mental health issues
• Your family member would have to move to an unstable or dangerous country, or face a lack of resource or discrimination

Our Consular Cases and Waivers Lawyer in Atlanta Can Assist with Your Application

If you are not considered eligible to enter the U.S. or stay in the country, a waiver may help. Our Atlanta consular cases and waivers lawyer can help with your application. For a consultation to discuss your specific needs and case, please contact Shirazi Immigration Law, Inc. today at 404-523-3611. Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

uscis.gov/i-601