What is the I-601 Waiver?
The I-601 waiver is an application that is filed by individuals who are ineligible to gain admission to the United States as an immigrant, or who cannot adjust their status in the United States to become a permanent resident, because they are barred from the United States. The I-601 waiver is essentially a form that is filed to gain permission to apply for permanent residence in the United States or gain admission through an immigrant visa. This form will allow individuals to obtain relief from the following grounds:
- Health-related grounds of inadmissibility (INA section 212(a)(1))
- Certain criminal grounds of inadmissibility (INA section 212(a)(2))
- Immigration fraud and misrepresentation (INA section 212(a)(6)(c))
- Immigrant membership in totalitarian party (INA section 212(a)(3))
- Alien smuggler (INA section 212(a)(6)(E))
- Being subject to civil penalty (INA section 212(a)(6)(F))
- The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B))
Who is Eligible?
Not everyone is eligible. To qualify, you must have what is called a “qualifying” relative who will be the focus of the petition. A qualifying relative includes a U.S. Citizen or legal permanent resident spouse or parent. In cases where a waiver is filed for certain criminal grounds of inadmissibility a qualifying relative may also include a child who is a U.S. citizen.