What Applicants Should Know About I-601 Waivers

For many, a fast path to US citizenship results from an illegal crossing and subsequent marriage with a legal citizen. Due to hardship reasons, deportation mostly does not occur. However, an I-601 application may represent a path to remain in the United States.

I-601 is a form that applicants have to file if they are deemed inadmissible and want to pursue status adjustment, immigrant visa, specific nonimmigrant statuses, or certain benefits related to immigration.

How to qualify

Qualifying for an I-601 waiver requires the following:

• Adjustment of Status to legal permanent residence applicant, accounting for limited adjustment categories that are excluded
• An immigrant or Adjustment of Status applicant applies for a visa under the Violence Against Women Act that can also include their child.
• Applicants for K or V visa or an immigrant visa applicant who work outside the United States and have already been through the interview with a consular officer who found them inadmissible
• Temporary Protected Status, Adjustment of Status, or Nicaraguan Adjustment and Central American Relief based on nonimmigrant status

Immigrants must file the waiver, also known as an Application for Waiver of Grounds of Inadmissibility, due to the possibility that hardship may occur should the immigrant not be allowed to secure permanent status. Additionally, the step can be used to

eventually apply for a visa, adjustment of status, or another benefit that they would normally not be eligible for.

Additional paths

Denial of a visa or other immigration benefit could result in another path via an application for an I-601 waiver or an Application for Waiver of Grounds of Inadmissibility. The form is used by specific applicants when pursuing a visa application, adjustment of status, or an immigration benefit for which they are not eligible.

Immigration laws that continue to change, oftentimes suddenly, seem to create consternation and havoc among potential applicants. Navigating through the application process may require the help of a skilled, experienced, and knowledgeable immigration attorney.