I-601 or I-601A: Which Waiver Should I File?

I-601 vs. I-601A: What is the difference between these two waivers?

The I-601A waiver is only used for the unlawful presence ground of inadmissibility. There are many other reasons why a green card applicant may be found inadmissible and will require an I-601 waiver. There are often times when an applicant will need both waivers.

The I-601A Provisional Waiver is applied for by the applicant from inside the United States. The applicant will be advised by the USCIS whether the waiver is approved. An approved waiver will allow the immigrant to travel to his or her country of origin to attend an interview at the U.S. consulate. The intention behind the I-601A Waiver is to encourage family unity and support in the United States. This intention is related to the most important element of a successful waiver; proving that a United States citizen or Lawful Permanent Resident immediate relative will suffer extreme hardship if the immigrant’s waiver is not granted.

Qualifying Relatives are those relatives that will suffer extreme hardship and they are parents or a spouse.

The I-601 Waiver covers other grounds of inadmissibility. An I-601 Waiver can be filed from outside the United States. It may also be filed with an application in the adjustment of status process or with the immigration court (EOIR) as a defense to removal.

Neither the I-601 Waiver of unlawful presence or the I-601 Waiver of Grounds of Inadmissibility is a stand alone immigration benefit. This means that you must have an application filed and pending to be eligible for the waiver.

The I-601 waiver is used in the following types of inadmissibility cases:

• Inadmissibility due to health reasons, such as active tuberculosis, other communicable diseases, or substance abuse

• Inadmissibility due to criminal reasons, such as crimes involving moral turpitude, drug trafficking, or human trafficking

• Inadmissibility due to national security reasons

• Inadmissibility due to becoming a public charge

• Inadmissibility due to fraud or misrepresentation

In be eligible  for an I-601A waiver an immigrant must be:

• At least 17 years old

• Physically present in the U.S. to file the form I-601A application and provide biometrics

• Be in the process of obtaining their immigrant visa, and have a case pending

• Not have any additional grounds for inadmissibility

• Demonstrate that refusal of their admission will cause extreme hardship to their U.S. citizen or permanent resident relative

• Not in removal proceedings that are pending or haven’t been administratively closed

• Not have a final order of removal, exclusion, or deportation

An immigrant may have grounds of inadmissibility that are not covered by the I-601 or I-601A Waiver. In some cases actions may be taken to eliminate the grounds that make a person permanently inadmissible.

If you need a waiver or need to discuss your situation to determine whether you qualify for a waiver, call Mulder Law for a thorough review of your situation.