Everything You Need to Know About the I-601 Waiver

Updated: Feb 21, 2019

The I-601 is perfect for anybody who has been denied a visa or some other type of immigration benefit. Applying for the 601, also known as the Application for Waiver of Grounds of Inadmissibility, can put you back on the right track. However, if you are somebody who has been denied, you may wonder where to turn and be afraid of any serious consequences in your case. This is why it helps to work with an attorney who understands the ins and outs of these laws. We can help in your time of need, but first we will share with you everything you need to know about the 601 Waiver.

Am I Eligible to File an I-601 Waiver?

There are many people who are eligible to receive one of these waivers. Here are the specific types of people who can file the waiver and the grounds of inadmissibility that could be waived in your case:

Applications for Adjustment of Status or those who have an Immigrant, K, or V visa: Health-related grounds, certain crimes, immigration fraud, alien smuggling, being subject to civil penalty, or 3-10 year bar

Applicants of Temporary Protected Status: Grounds related to health, criminal past, illegal entry to the U.S. documentation requirements, and more

Nicaraguan Adjustment, Central American Relief Act, and Haitian Refugee Applicants: Same as previous as well as aliens who have been previously removed and unlawful presence after immigration violations

Violence Against Women Act Applications: All grounds previously listed and unlawful presence after violations

T nonimmigrant status: Grounds relating to health, criminal history, illegal entry of the country, and more

Special Immigrant Juvenile Applicants: Same as T nonimmigrant status requirements

What Are Special Considerations for Inadmissibility?

There are many grounds that could make you inadmissible in the U.S. However, some are more common than others. For instance, the USCIS could fail to approve your 601 waiver if you do not have proof of all previous vaccinations. This can be appealed if the vaccination was not deemed medically appropriate or if it would go against your religious beliefs to have it done.

You could also be found inadmissible if you have resided unlawfully in the U.S. for a period of time exceeding 180 days, but less than a year. This means that, technically, you could be barred from re-entering the U.S. for 3 years. However, you may be able to still receive a waiver (i.e. I-601A waiver) if you can show that you would be in extreme hardship if you had to return to your home country, or that there are humane considerations that say you can stay there.

Are There Penalties?

While you could qualify for this waiver, you could have your waiver denied if you outright lie on your waiver, submit a false document, or conceal facts. You could actually be criminally prosecuted for these matters, which is why you never want to move forward on these matters without the help of an attorney. We want to hear from you as soon as possible so we can help you move forward with your case. Call us at the Sky Law Firm today at 714-522-1033.