I-601 Waiver of Grounds of Inadmissibility – What Is It?I-601 Waiver of Grounds of Inadmissibility – What Is It?

If you are an alien non-citizen of the United States and want a green card or a visa, but certain immigration violations prevents you from achieving your immigration goals, you may be able to apply for the I-601 Waiver of Grounds of Inadmissibility. There are certain rules and conditions that every immigrant must meet to be eligible to obtain a green card. The I-601 Waiver may be a solution when you can’t meet those conditions or have an immigration violation.

Our team of highly professional immigration lawyers knows the ins and outs of the I-601 Waiver process so you can get your immigration benefit. Read on to know everything about the I-601 Waiver of Grounds of Inadmissibility.

What Is an I-601 Waiver?

What Is an I-601 Waiver?

An I-601 Waiver, also known as Application for Waiver of Grounds of Inadmissibility, is an application to the United States Citizenship and Immigration Services (USCIS). The form allows the applicant to request consideration to remove the inadmissibility that is blocking the access to a green card. However, you must be eligible for the Waiver, which depends on the specific facts of your case.

Reasons you may need a waiver

You can apply for inadmissibility waiver if you have an immigration violation that keeps you from getting your green card or visa. The following conditions can be waived through the I-601 process:

  • Health related issues like vaccinations, mental health disorders, or other diseases;
  • Certain criminal grounds;
  • Security reasons;
  • Public charge;
  • Fraud or misrepresentation;
  • Unlawful entry into the US;
  • Previous membership in a totalitarian party;
  • Having an unsettled civil penalty;
  • Visa overstays (unlawful presence);
  • Intending to immigrate with a non-immigrant visa;
  • Others.
How Does the USCIS Process an I-601 Waiver?

Here are a few examples of how the USCIS may or may not approve an I-601 Waiver.

Health-Related Grounds

Suppose the applicant is denied an immigrant visa or adjustment of status on the grounds that the applicant is not vaccinated for a particular condition. In that case, the USCIS might approve the Waiver if the applicant receives the vaccination. The Waiver can also be approved if a specialized medical professional claims the vaccination is not appropriate for the applicant or if the vaccination. In other cases, it could be excused if the person proves that the vaccination goes against the religious beliefs.

Unlawful Presence Grounds

If the applicant is a foreign national who lived in the US under unlawful circumstances for 180 days continuously and left the country before the legal proceedings, they are inadmissible for three years. However, the USCIS might approve the Waiver if a certain US citizen or lawful permanent resident heavily relies on the applicant’s presence, and not being in the US will result in extreme hardship. For example, parents, children, and spouses may be completely financially dependent on the applicant, and their survival is at risk without them. Foreign national in the United Stated that have accumulated unlawful presence should submit Form I-601A, Application for Provisional Unlawful Presence Waiver.

What Is the Filing Fee of an I-601 Waiver?

The government filing fee for an I-601 Waiver form is $930 and is subject to change at any time. You can pay the fee by a cashier’s check, money check, or personal check. You can also pay with your credit card at the USCIS lockbox, but you must submit a Form G-1450, Authorization for Credit Card Transactions. On the other hand, if you pay by check, the check must be made out to US Department of Homeland Security.

Penalties

USCIS can deny your Waiver application or even charge you with penalties if you willfully provide the USCIS with false information, documentation, or misinterpret a fact on your I-601 Waiver form. The applicant can appeal against the dismissal and penalties by the USCIS through Form I-290B, Notice of Appeal. The Fomr I-290B must be submitted within 30 days of the denial date.

Get Legal Help

Submitting an I-601 Waiver of Inadmissibility can be a daunting process, especially if it presents hardships to support your immediate relatives in the US. It is important to provide the right information with a strict strategy to make things work. The immigration lawyers at Terra Immigration are skilled in the I-601 Waiver process and can provide a consultation wherever you are. Contact us today for legal help with your I-601 Waiver. +1 (407) 818-1244.

3 Comments

  • Nasir tufail
    Posted June 17, 2022 10:47 am

    I applied marriage based green card application in June my interview was December after 2 years in uscis approved my i130 with the submission of RFE,they didn’t approved my i485 coz they think for the time I got Visa I mentioned I married but I wasn’t my lawyer sent them i601 waiver ground of inadmissibility application in November 2020 and since then I am still waiting could you guys please help me in this way or in this all situation can uscis approved my i485?thank you

    • Terra
      Posted June 21, 2022 11:15 am

      Obrigada por nos contatar. Envie-nos um e-mail para assistance@terralawyer.com ou ligue diretamente para +1 (407) 818-1244 para que possamos ajudá-la.

    • Terra
      Posted June 21, 2022 11:16 am

      Thank you for contacting us. Email us at assistance@terralawyer.com or call us directly at +1 (407) 818-1244 so we can assist you.

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