Need a Waiver for More Than Just Unlawful Presence?
Subtitle: Learn How the I-601 Waiver Works and Who Qualifies in 2025
What is the I-601 Waiver?
The I-601 waiver, formally known as the Application for Waiver of Grounds of Inadmissibility, allows certain immigrants to overcome multiple types of inadmissibility that would otherwise prevent them from obtaining a visa or green card. Unlike the I-601A, which only waives unlawful presence, the I-601 can cover a broader range of immigration violations.
What Does the I-601 Waive?
The I-601 waiver can cover:
Unlawful Presence — The 3-year or 10-year bars triggered by leaving the U.S. after being here unlawfully.
Certain Criminal Offenses — Depending on the type and age of the conviction.
Fraud or Misrepresentation — For example, lying to an immigration officer or using false documents.
Health-Related Grounds — Certain medical conditions or lack of required vaccinations.
Membership in a Totalitarian Party — In rare cases.
It does not waive every ground of inadmissibility. For example, aggravated felonies, drug trafficking (except certain marijuana offenses), or national security concerns are generally not waivable.
Who is a Qualifying Relative?
For most I-601 waivers, the qualifying relative must be your U.S. citizen or lawful permanent resident spouse or U.S. citizen or lawful permanent resident parent.
Your U.S. citizen children do not count as qualifying relatives for the hardship requirement, although evidence about their hardship can sometimes help demonstrate the hardship to the qualifying relative.
The Hardship Requirement
To be approved, you must show that your qualifying relative would suffer “extreme hardship” if you are not allowed to remain or return to the U.S.
Examples of strong hardship evidence include:
Medical: Proof your spouse or parent has a serious illness, disability, or ongoing treatment that depends on your presence or availability in the U.S.
Financial: Records showing that your absence would cause significant financial loss, debt, or inability to meet basic needs.
Emotional: Psychological evaluations, counseling records, or detailed personal statements showing the emotional impact of your separation.
Safety Concerns: Evidence that your qualifying relative would face danger, persecution, or severe hardship in your home country if they relocated.
Educational or Career Impact: Proof that your qualifying relative’s studies, training, or career would be severely disrupted.
Difference Between I-601 and I-601A
I-601A: Filed inside the U.S. only for unlawful presence, before leaving for consular processing.
I-601: Filed outside the U.S. (or in certain cases inside the U.S.) and can waive unlawful presence plus other inadmissibility grounds like fraud, misrepresentation, and certain crimes.
If you have inadmissibility issues beyond unlawful presence, you may need the I-601 instead of, or in addition to, the I-601A.
When is the I-601 Filed?
During Consular Processing: Usually after your visa interview, when the consular officer issues a refusal and instructs you to file the waiver.
Inside the U.S.: In certain adjustment of status cases where inadmissibility is discovered but you qualify for a waiver.
Current Trends Under the Trump Administration
USCIS is demanding more detailed, corroborated evidence for hardship claims.
Fraud and misrepresentation waivers face heightened scrutiny.
Processing times are lengthening due to increased security checks.
Why Work with J. Molina Immigration Law LLC
📞 Call 860-474-3705 — Attorney Velez-Molina has extensive experience building persuasive I-601 waiver cases, using detailed hardship documentation, country condition evidence, and compelling legal arguments to maximize the chance of approval.