Immigration Form I-601: Application for Waiver of Grounds of Inadmissibility


Form I-601 is a waiver required when an applicant is subject to a ground of inadmissibility. Some of the most common grounds are:

  1. Unlawful presence in the United States (usually by having an unlawful entry or overstaying a visa), and
  2. The commission of certain criminal acts or the commission of fraud.

Form I-601 is filed in connection with a Form I-485 (Adjustment of Status) application in the United States or in connection with an immigrant visa application when the applicant is visa processing at a U.S. Embassy or Consulate. For example, if an applicant entered the United States without permission and then marries a U.S. citizen, he or she must apply for an immigrant visa in their home country. But before the immigrant visa is issued, the applicant must be “forgiven” for their unlawful entry by filing a Form I-601 and receiving a “waiver.”

The applicant must show that his/her qualifying relative (U.S. citizen or lawful permanent resident spouse or parent) will be subject to extreme hardship if the applicant is not allowed to return to or remain in the United States. Simply put, “extreme hardship” is defined as the greater than normal hardship that the qualifying relative will experience if the applicant is denied admission into the United States. Hardship to U.S. citizen or permanent resident children is not enough, it must be tied to the hardship that the spouse or parent is suffering or will suffer. In order to be successful, the applicant must show why the qualifying relative cannot move abroad and why the qualifying relative cannot simply live in the United States without the applicant.  The hardship must be well documented.

For information about I-601A Waivers and updates, click here.

Keyser Law, P.A. has a record of success with I-601 Waiver cases. We can assist you through the waiver process and will work to create the strongest and best-documented hardship waiver application for success.
Call our offices at (612) 338-5007 for a free consultation.