The 601 Waiver, officially known as the Provisional Unlawful Presence Waiver, is a waiver available to certain individuals who are inadmissible to the United States due to unlawful presence and are seeking an immigrant visa (Green Card) based on family or employment sponsorship. The waiver allows an individual who has been deemed inadmissible to the United States to gain entry into the United State sand avoid being barred from reentering the country for a specified period.The 601 Waiver is specifically for individuals who are inadmissible solely due to unlawful presence. It does not waive other grounds of inadmissibility, such as criminal convictions or fraud.
Discover your eligibility for filing Form I-601 waiver with our expert immigration attorneys. You may qualify if:
- Applicant for Immigrant Visa or K or V Visas:
- Located outside the United States.
- Have undergone a visa interview with a consular officer.
- Found inadmissible during the interview
— Applicant for Temporary Protected Status (TPS).
— Applicant for Adjustment of Status under the Nicaraguan Adjustment and Central American Relief.
— Applicant for Immigrant Visa or Adjustment of Status as a Violence Against Women Act (VAWA) Self-Petitioner or Child of a VAWA Self-Petitioner.
— Applicant for Adjustment of Status based on T Nonimmigrant Status.
— Applicant for Adjustment of Status as a Special Immigrant Juvenile (SIJ):Based onan approved Form I-360.
Requirements for 601 Waivers
- Unlawful Presence:The applicant must have accrued unlawful presence in the United States, usually by overstaying their authorized period of stay or entering without inspection(EWI). Unlawful presence refers to the period of time when an individual is present in the United States without lawful immigration status.
- Immediate Relative:The applicant must be an immediate relative of a U.S. citizen or a Lawful Permanent Resident (LPR) and must have an approved immigrant visa petition(Form I-130 or I-360) or an application for adjustment of status (Form I-485) based on afamily or employment sponsorship.
- Extreme Hardship:The applicant must demonstrate that their qualifying relative (U.S.citizen or LPR spouse or parent) would experience extreme hardship if the applicant is not granted the waiver and is unable to enter the United States. Extreme hardship is a high standard and must be supported by evidence such as medical, financial, emotional, or other compelling factors.
- Departure for Consular Processing:The applicant must depart the United States and attend an immigrant visa interview at a U.S. embassy or consulate in their home country or another country where they have legal entry. The purpose of the waiver is to allow them to seek forgiveness for their unlawful presence before the interview.
The process for obtaining a 601 Waiver involves two steps. First, the applicant submits the waiver application to the U.S. Citizenship and Immigration Services for review. If the waiver is approved,the applicant can then depart the United States and attend their immigrant visa interview at a U.S.embassy or consulate.
It's important to note that if the 601 Waiver is denied, the applicant may be subject to the unlawful presence bar upon departure from the United States, meaning they would be barred from reentering for a certain period of time. Each 601 Waiver case is unique and requires careful preparation. It is essential to provide strong evidence of extreme hardship and to present a compelling case to demonstrate eligibility for the waiver.
Our experienced team is here to guide you through the process and ensure you have the best chance of success. Don't navigate the complexities alone–let us help you achieve your immigration goals.