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I-601
I 601, Application for Waiver of Grounds of Inadmissibility is a waiver filed by foreign nationals who are ineligible for Permanent Residency in the United States due to certain grounds of inadmissibility under section 212 of the INA. In other words, an I-601 waiver is filed by a foreign national who is restricted from entering the United States due to a problem in their immigration or criminal history, or some other security issue that disqualifies them from entry. Requesting a waiver of these grounds, if granted, would allow a person in that situation to enter the United States as a Permanent Resident or a non- immigrant. A complete list of grounds of inadmissibility can be found at the USCIS website.
How to make a strong point for a Waiver application?
If you are inadmissible on the basis of any of these grounds of inadmissibility, you may be subject to anywhere from a three-year bar to a ten-year bar preventing you from returning to the United States, beginning from the time you depart (or are removed from) the United States.
Extreme Hardship to a United States Citizen/ Lawful Permanent Resident:
One of the most important parts of a successful waiver application is the Hardship faced by a United States Citizen of Lawful Permanent Resident family member with a meaningful relationship to the applicant. This person can be a spouse, a child or a parent; the relationship needs to be important enough that the potential for the applicant to never again be allowed into the US (or refused entry for three or ten years) would present a significant hardship to the relative. This hardship can be psychological, medical, financial or even emotional, but no matter what it will need to be supported by strong documentation, including evidence that proves the relationship between the relative and the applicant, medical records in case of medical hardship, the applicant’s financial records if arguing for financial hardship, or counselor’s reports and mental health evaluations in cases of emotional and psychological hardship.
Good Moral Character: It is also extremely important to demonstrate that the applicant is a person of good moral character and has no convictions. If any convictions do exist, they need to be explained and presented in a context that justifies the claim that the applicant is reformed and worthy of consideration for the waver. The documents that support these elements can be affidavits from friends and family, character certificates from school and religious institutions, clearance from local police, statements from employers and colleagues, and records showing volunteer and community work, and other such similar verifiable evidence.
Another difference between the two waivers is that I-601 A can only be filed from within the United States while I-601 can be filed even from outside the United States.
It is possible that you need to file both I-601 and I-601 A waivers, depending on the circumstances. If you are unsure of which waiver to file, or if you have questions about your eligibility to file one of these waivers, contact us today.
One of the most important parts of a successful waiver application is the Hardship faced by a United States Citizen of Lawful Permanent Resident family member with a meaningful relationship to the applicant. This person can be a spouse, a child or a parent; the relationship needs to be important enough that the potential for the applicant to never again be allowed into the US (or refused entry for three or ten years) would present a significant hardship to the relative. This hardship can be psychological, medical, financial or even emotional, but no matter what it will need to be supported by strong documentation, including evidence that proves the relationship between the relative and the applicant, medical records in case of medical hardship, the applicant’s financial records if arguing for financial hardship, or counselor’s reports and mental health evaluations in cases of emotional and psychological hardship.
Good Moral Character: It is also extremely important to demonstrate that the applicant is a person of good moral character and has no convictions. If any convictions do exist, they need to be explained and presented in a context that justifies the claim that the applicant is reformed and worthy of consideration for the waver. The documents that support these elements can be affidavits from friends and family, character certificates from school and religious institutions, clearance from local police, statements from employers and colleagues, and records showing volunteer and community work, and other such similar verifiable evidence.
Difference between I 601 and I 601 A
I-601 A, Application for Provisional Unlawful Presence Waiver is a waiver filed by foreign nationals who are ineligible to get Permanent Residency in the United States due to their continuing unlawful presence in the United States, while I-601, Application for Waiver of Grounds of inadmissibility is filed to get a waiver on grounds of inadmissibility related to any other reason.Another difference between the two waivers is that I-601 A can only be filed from within the United States while I-601 can be filed even from outside the United States.
It is possible that you need to file both I-601 and I-601 A waivers, depending on the circumstances. If you are unsure of which waiver to file, or if you have questions about your eligibility to file one of these waivers, contact us today.
