How to Apply For a Waiver of Inadmissibility
Everything you need to know about filing Forms I-601 and I-601A
If you are immigrating to America, one of the worst outcomes will be for you to be found “inadmissible to the United States” by the U.S. authorities.
If you committed certain violations, you may be barred from applying for a green card from within the United States or from returning to the United States if you leave. The Immigration and Nationality Act lays out general grounds for inadmissibility, and these can be very broad. They include health, criminal activity, national security, public charge, lack of labor certification (if applicable), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several other categories.
If you are found inadmissible to the United States during your immigration application process, you can request a waiver. Known as Form I-601 (typically for applicants applying from outside the United States) or Form I-601A (only for applicants applying from within the United States) the waiver process is lengthy, complex, and uncertain.
There are no guarantees that your waiver will be approved, but applying for one provides a pathway for your immigration journey to continue.
How long does it take to process Form I-601A?
The current processing time for Form I-601A is 32 months. That’s significantly longer than Form I-601, which takes 12 to 15 months to process.
Which Application Should I Use?
Form I-601
You can use Form I-601 to apply for a waiver if you have been found to be ineligible to enter the United States as an immigrant or to adjust status in the United States (and certain other visa categories) for specific grounds of inadmissibility. Make sure you consult the Form I-601 instructions to see which grounds of admissibility can be waived for your visa category.
cost
The fee to file Form I-601 is $1050
Form I-601A
Form I-601A is used for applicants in the United States with immediate U.S citizens or green card family members (such as parents or a spouse) and who entered the United States illegally. If you wish to apply for a green card, you will need to leave the United States and apply at a U.S. embassy or consulate. In order to avoid the three- or ten-year entry ban, you will need to apply for a waiver of inadmissibility to re-enter the United States.
Form I-601A is a waiver that must be applied for while in the United States, and if approved by U.S. Citizenship and Immigration Services (USCIS), you will be eligible to attend a green card appointment in your country of origin. However, it must be applied for before you leave the United States and comes with eligibility criteria that will be discussed later on.
cost
The fee to file Form I-601A is $795.
What Are the Requirements For a Waiver?
Forms I-601 and I-601A may sound similar but are used for very different circumstances, depending on the applicant and type of application.
Form I-601
Important:
The Immigration and Nationality Act (INA) has specific grounds for inadmissibility, and not all visa categories can apply for all the inadmissibility categories. In other words, you may only be eligible to apply for a waiver for certain categories depending on the type of visa you are applying for. For more information about this, make sure you read the “Who may file Form I-601?” in the instructions to Form I-601.
Typically, you can use Form I-601 to file for a waiver if:
- You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.
- You are an applicant for Adjustment of Status to lawful permanent residence, although this does exclude some adjustment categories.
- You are an applicant for Temporary Protected Status (TPS).
- You are an applicant for Adjustment of Status under the Nicaraguan Adjustment and Central American Relief.
- You are an applicant for an immigrant visa or Adjustment of Status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner.
- You are an applicant for Adjustment of Status based on T nonimmigrant status.
- You are an applicant for Adjustment of Status as a Special Immigrant Juvenile (SIJ) based on an approved Form I-360.
Form I-601A
Important:
This form is used to waive the time you are banned from re-entering the United States, if you have overstayed a visa or lived in the United States without a green card, a valid visa or U.S. citizenship. For more specific instructions, see “Who may file Form I-601A?” in the instructions to Form I-601A.
Typically, you can use Form I-601A to file for a waiver if:
- You are physically present in the United States.
- You are at least 17 years of age at the time of filing.
- Have an immigrant visa case pending with the U.S. Department of State. There are key conditions for this, so please refer to the Form I-601A instructions.
The instructions to Form I-601A note that your application will be denied for a range of circumstances. Make sure to refer to the Form I-601A instructions for more information.
Required Supporting Documents for Waiver Applications
Basic Documentation (For Both I-601 and I-601A)
- Completed Form I-601 or I-601A with proper signature
- Filing fee payment ($795 for I-601, $795 for I-601A)
- Copy of government-issued photo ID (passport, national ID card)
- Two passport-style photographs (2″x2″)
- Copy of birth certificate with certified English translation if not in English
- Copy of marriage certificate (if applicable) with certified English translation
- Proof of qualifying relative’s status:
- U.S. passport, birth certificate, or naturalization certificate for U.S. citizens
- Green card (front and back) for lawful permanent residents
- Proof of relationship to qualifying relative (birth/marriage certificates)
- Personal statement explaining grounds of inadmissibility and request for waiver
Additional Documents for I-601A
- Copy of approved I-130 petition or I-140 employment petition
- Copy of National Visa Center (NVC) fee payment receipt
- Evidence of DOS immigrant visa processing fee payment
- Proof of scheduled immigrant visa interview (if available)
- Copy of I-94 record (if ever issued)
- Documentation of all entries and exits from the United States
- Current immigration status documentation (if any)
Additional Documents for I-601
- Documentation related to specific grounds of inadmissibility (court records, medical reports, etc.)
- Consular officer’s inadmissibility finding (if applying after visa interview)
- Evidence of immigrant visa case at U.S. Embassy/Consulate
- Form I-212 (if also applying for permission to reapply after removal)
All documents should be organized with a cover letter and table of contents.
How to Apply For a Waiver
The process of applying for a waiver varies between the two forms, so the two processes will be outlined separately.
Form I-601
If you are abroad and a U.S. consular officer has determined that you are ineligible for an immigrant visa or nonimmigrant K or V visa because you are inadmissible to the United States, then you may be able to file an application for a waiver of inadmissibility.
If the consular official has said you are eligible to apply for a waiver, then you file Form I-601 (and Form I-212, if you were deported or removed from the United States) with USCIS. This can be done by mail or online. USCIS will then adjudicate your application and inform both you and the consular officer of the decision. When you submit your form, you must provide supporting evidence and details for the waiver. The process takes a few months (average processing time for Form I-601 is between 12 to 15 months), and all applications for waivers are carefully reviewed, so make sure you are accurate and complete about the information you submit.
If denied, you may be able to appeal the decision or file a motion to reopen or reconsider the decision (Form I-290B).
Most waivers are valid indefinitely. However, it is only valid for the actions or events listed in your application. If you have any others, you will need to file for a new waiver. Some waivers are conditional or temporary, so refer to the Form I-601 instructions for more information.
Form I-601A
Form I-601A is a standalone application, so you cannot file Form I-601A with any other applications, petitions, or requests for immigration benefits. Essentially, you are applying to get a “yes” or “no” answer from USCIS on whether you will be able to have the 3- or 10-year ban on returning to the United States waived if you leave to apply for your green card.
All applicants must be in the United States at the time of filing Form I-601A and appear for a biometrics appointment at a USCIS facility. USCIS may also require that you appear for an interview or provide fingerprints, photograph, or signature at any time to verify your identity, obtain additional information, and conduct background and security checks. This can include an FBI criminal history record check.
The Form I-601A instructions provide detailed information on what to submit as evidence. One of the key criteria is proving that if the waiver is not granted, your U.S. citizen or green card resident spouse or parent (if you’re unmarried) will suffer extreme hardship.
The qualifying relative does not need to be the relative who filed the immigrant visa petition, but he or she must be your U.S. citizen or green card spouse or parent, if you are unmarried. No other direct relatives are considered for this extreme hardship, even if, for example, your brother is sponsoring your green card and would suffer extreme hardship. It must be your spouse or parents, if you are unmarried.
Understanding the Extreme Hardship Standard
“Extreme hardship” is not explicitly defined in immigration law but generally means hardship that is beyond what would normally be expected from family separation or relocation. Your evidence must prove hardship in two scenarios:
- If your qualifying relative remains in the United States without you
- If your qualifying relative relocates abroad with you
The strongest cases demonstrate extreme hardship under both scenarios.
Once you have collected all the evidence and required documentation, you can file the form in the mail or use your USCIS online account. USCIS will then process your application, request biometrics, and might ask for an interview, before informing you of the outcome of your application. The average processing time for Form I-601A is between 8.5 and 11.5 months.
Make sure you carefully read the section of the Form I-601A instructions about your immigration status when applying for this waiver.
Note:
USCIS says that the filing or approval of an application for a provisional unlawful presence waiver does not affect your current immigration status in the United States.
If your waiver is approved, you may then leave to return to your country of origin and apply for your green card through consular processing. The waiver will need to be submitted by you with your green card application, as proof that the 3- or 10- year ban does not apply.
Evidence to Prove Extreme Hardship
The cornerstone of a successful I-601 or I-601A waiver application is proving that your qualifying relative would suffer “extreme hardship” if you were denied admission to the United States. This standard goes beyond the normal hardship that would be expected from family separation. USCIS requires substantial evidence that clearly demonstrates how your absence would create specifically severe consequences for your qualifying relative.
Essential Evidence Categories
1. Medical and Psychological Evidence
Medical Documentation:
- Detailed medical records from specialists treating your qualifying relative
- Written statements from healthcare providers explaining:
- Diagnosis and prognosis
- Specific treatment protocols
- Why your presence is necessary for treatment
- Why equivalent care is unavailable in your home country
- Potential consequences of treatment interruption
- Medical insurance documentation showing coverage in the U.S. and lack of coverage abroad
- Prescription medication records and availability/cost analysis for your home country
Psychological Evidence:
- Psychological evaluation from a licensed mental health professional
- Detailed assessment of current mental health status
- Professional opinion on psychological impact of separation or relocation
- Documented history of mental health conditions exacerbated by stress
- Treatment plan that requires your presence
- Analysis of mental health resources available in your home country
2. Financial Evidence
Current Financial Support:
- Tax returns demonstrating your financial contribution to the household
- Employment verification with salary information
- Household budget showing dependency on your income
- Evidence of joint assets and debts
- Documentation of your qualifying relative’s inability to maintain financial stability without you
Country Conditions Analysis:
- Economic comparison between U.S. and your home country
- Employment prospects in your home country with wage comparisons
- Cost of living analysis for your home country
- Property values and housing costs comparison
- Economic instability or currency devaluation in your home country
3. Special Needs and Care Responsibilities
Children’s Needs:
- Educational records for children, especially those with special needs
- IEP (Individualized Education Program) documentation
- Letters from teachers, counselors, or therapists
- Unavailability of comparable educational services in your home country
- Documentation of children’s integration into U.S. school system
Eldercare Responsibilities:
- Medical records of elderly family members requiring care
- Statement from healthcare providers regarding eldercare needs
- Evidence of your role as caregiver
- Documentation of eldercare costs and unavailability of alternatives
4. Country Conditions Evidence
Safety and Security:
- U.S. State Department travel advisories for your home country
- Human rights reports from recognized organizations
- Crime statistics comparison
- Documented incidents of violence in your region
- Evidence of political instability
Healthcare System Inadequacies:
- World Health Organization reports on healthcare quality
- Specific evidence of unavailability of treatments needed by your qualifying relative
- Comparative costs of medical treatments
- Healthcare system rankings and analysis
Language and Cultural Integration Barriers:
- Documentation of your qualifying relative’s language limitations
- Evidence of cultural integration in the U.S. (employment, community involvement, etc.)
- Analysis of cultural adjustment challenges in your home country
- Educational or professional credentials that wouldn’t transfer to your home country
5. Personal Statements and Affidavits
Qualifying Relative’s Personal Statement:
- Detailed narrative describing specific hardships
- Concrete examples of dependency on you
- Personal account of potential psychological impact
- Description of the relationship’s importance
- Specific concerns about relocation or separation
Supporting Affidavits:
- Statements from family members witnessing the relationship
- Letters from community members (religious leaders, employers, friends)
- Statements from healthcare providers familiar with your situation
- Affidavits from cultural experts regarding relocation challenges
6. Integration and Community Ties Evidence
U.S. Integration Evidence:
- Length of residence documentation
- Community involvement (volunteer work, religious participation)
- Professional licenses or certifications obtained in the U.S.
- Property ownership and investment in the U.S.
- Educational achievements in the U.S.
Family Ties Documentation:
- Birth certificates, marriage certificates showing family relationships
- Photographs documenting family history and relationships
- Evidence of family gatherings and shared life events
- Communication records showing frequency and nature of family contact
- Evidence of family members’ dependency on relationship
7. Expert Opinion Evidence
Country Conditions Expert:
- Academic or professional analysis of conditions in your home country
- Specific analysis related to your qualifying relative’s situation
- Credentials establishing expertise on the region
Medical or Psychological Expert:
- Independent evaluation of medical or psychological records
- Detailed opinion on consequences of separation or relocation
- Professional expertise related to specific medical conditions
Financial or Professional Expert:
- Analysis of employment prospects in your home country
- Evaluation of professional credential transferability
- Assessment of financial impact of relocation or separation
Presenting Your Evidence Effectively
- Create a cover letter and evidence index:
- Outline the categories of hardship
- Reference specific evidence supporting each category
- Number each document for easy reference
- Develop a hardship summary:
- Concise overview of key hardship factors
- Reference specific evidence by exhibit number
- Connect evidence directly to legal standards
- Use visual evidence organizers:
- Charts comparing conditions between countries
- Timeline of medical treatments or conditions
- Visual representation of financial dependency
- Quality over quantity:
- Focus on strongest evidence rather than volume
- Ensure each piece of evidence directly supports hardship claim
- Organize similar documents together with explanatory cover sheets
Common Evidence Mistakes to Avoid
- Vague statements without supporting documentation
- Focusing on hardship to the applicant rather than the qualifying relative
- Providing general country conditions without connecting to the specific situation
- Submitting medical statements without explaining their significance
- Neglecting to address both separation and relocation scenarios
- Failing to translate foreign language documents properly
- Submitting unorganized or difficult-to-interpret financial records
- Relying solely on emotional appeals without substantive evidence
FAQS
Form I-601A is filed before departing the U.S. for consular processing, creating a predetermined path for return. It’s only available to immediate relatives of U.S. citizens who are inadmissible solely due to unlawful presence. Form I-601 is typically filed after a visa interview abroad when an officer determines you’re inadmissible and can address multiple grounds of inadmissibility beyond unlawful presence.
No. The I-601A is strictly limited to those whose only ground of inadmissibility is unlawful presence under INA 212(a)(9)(B). If you have additional grounds such as fraud/misrepresentation, criminal issues, or prior removals, you’re ineligible for I-601A and must pursue the standard I-601 process after consular interview.
While financial hardship and emotional distress are commonly cited, USCIS considers the totality of circumstances. Less common factors include:
- Aggregated hardships that cumulatively rise to “extreme” even if individually insufficient
- Qualifying relative’s specialized medical treatment only available in the U.S.
- Documented psychological impact relating to specific cultural or religious practices unavailable in the applicant’s home country
- Impact on special needs children who depend on both parents’ specialized care
- Qualifying relative’s inability to relocate due to specific professional licensure or specialized employment
- Country conditions that would particularly impact the qualifying relative (not primarily the applicant)
Hardship to U.S. citizen children is not directly considered unless they are the qualifying relative (which is only possible with I-601, not I-601A). However, hardship to children can be considered indirectly as it affects the qualifying relative (spouse or parent). This requires carefully framing your argument to show how the children’s hardship creates extreme hardship for the qualifying spouse/parent, not simply describing the children’s hardship in isolation.
A prior removal order triggers additional inadmissibility grounds beyond unlawful presence, making you ineligible for I-601A. You’ll need to file I-601 after the consular interview and may also require Form I-212 (Permission to Reapply After Deportation/Removal). The required waiting period depends on the type of removal: 5 years for standard removal, 10 years for voluntary departure violations, and 20 years for multiple removals. Permanent bars require special consideration.
Misrepresentation under INA 212(a)(6)(C)(i) makes you ineligible for I-601A, even if you also have unlawful presence. You must proceed with consular processing and file I-601 after being found inadmissible. The extreme hardship standard remains the same, but documentation strategy should address both grounds. Misrepresentation cases require robust documentation of rehabilitation and evidence that discretion is warranted.
Beyond standard hardship evidence, consider:
- Expert affidavits from professionals with specific expertise (mental health professionals, country condition experts, medical specialists)
- Detailed financial analysis from accountants or financial planners (beyond simple income/expense sheets)
- Comprehensive educational assessments for special needs children
- Documentation of unsuccessful attempts to obtain comparable medical treatment abroad
- Evidence of failed relocations or specific research on professional licensing limitations
- Detailed documentation of family integration in the community with affidavits from community leaders
- Evidence connecting country conditions to the specific situation of your qualifying relative
If the consular officer identifies grounds of inadmissibility beyond unlawful presence, your pre-approved I-601A becomes invalid. You would then need to file a conventional I-601 waiver addressing all grounds of inadmissibility and remain outside the U.S. during processing (often 6-12 months). This highlights the importance of thorough legal review to identify all potential grounds of inadmissibility before pursuing the I-601A path.