Waivers I-601 and I-601-A

Krewson Law is a Florida-based law firm that practices U.S. immigration law. Rachel Krewson is dedicated to lawfully helping immigrants and their families come to the United States and can help you apply for a U.S. waiver. Two of the most common waivers are the inadmissibility waiver (Form I-601) or the provisional unlawful presence waiver (Form I-601A).

Why Would Someone Need a Waiver?

One of the worst outcomes for any hopeful American immigrant is being found “inadmissible to the United States” by American authorities.

You can be found inadmissible as an applicant for “Adjustment of Status” when applying for a lawful permanent resident status (Green Card) when you are physically present in the U.S., or abroad if you are seeking to enter the United States at the consulate through an immigrant visa. Any immigrant applicant seeking to enter the United States must be admissible or have an approved waiver waiving the inadmissibility. Approval for admission to the U.S. will be denied if there are grounds for inadmissibility found, which include:

Health complications
National security reasons
Fraud or misrepresentations
Unlawful presence in the U.S.
Criminal conduct/behavior

If you are found inadmissible to enter the U.S. throughout your application process, you can request Form I-601 or Form I-601A to file a waiver, depending on certain conditions.

How Lawful and Unlawful Presence Affect Filing a Waiver

Lawful Presence

Certain applicants lawfully admitted into the U.S. can apply for permanent resident status even if they have stayed past their authorized expiration. But, only if an immediate relative, such as a U.S. citizen parent, spouse, or a U.S. citizen child over 21, has filed a petition on their behalf.

Unlawful Presence

An immigrant with unlawful presence in the U.S. will not be permitted a Green Card even if their immediate relative, such as a spouse, parent, or child, is a U.S. citizen or a lawful resident (Green Card holder). However, an immigrant with unlawful presence may become Green Card if they have successfully received an I-601 or I-601A waiver.

Form I-601

Called the Application for Waiver of Grounds of Inadmissibility. Individuals unable to enter the U.S as an immigrant or adjust their status may qualify to use Form I-601 to waive specific grounds of inadmissibility. There are certain grounds of inadmissibility which cannot be waived and create permanent bars to admission.

Form I-601A

Called the Application for Provisional Unlawful Presence Waiver. Form I-601-A can only be used as an attempt to waive inadmissibility on the grounds of unlawful presence. It can be used for applicants who have a spouse or parent who is a lawful permanent resident (Green Card holder) or a U.S. citizen, and are in the U.S. and have entered illegally. If the I-601A waiver is granted, your immigrant visa application (Green Card) is processed at the U.S. embassy or consulate in the country where you hold citizenship or residency, and you must leave the U.S. for the interview on your application.

If you have been in the United States for over 180 days, you will be subject to a 3-year entry ban. Unlawfully staying in the United States for more than 1 year will result in a 10-year entry ban. Anyone who has illegally entered the U.S. and then leaves, will be subject to these entry bans unless they receive the I-601A waiver prior to departure.

Requirements for the Waivers

Form I-601

Typically, one can use for Form I-601 to file for a waiver if:

They are an applicant for an immigrant visa, the K or V visas, and they are outside the U.S. The applicant must have had a visa interview with a U.S. consular officer, and they were found inadmissible during the interview.
They are an applicant for Adjustment of Status; however, this requirement does exclude specific adjustment categories.
They are an applicant for Temporary Protected Status.
They are an applicant for Adjustment of Status under NACARA (Nicaraguan Adjustment and Central American Relief Act).
They have applied for Adjustment of Status based on T nonimmigrant visa status.
They have applied for a Green Card or an immigrant visa as a self-petitioner of the Violence Against Women Act (VAWA) or is the child of a VAWA self-petitioner.
They are an applicant for Adjustment of Status as an SIJ (Special Immigrant Juvenile) based on an approved Form I-360

Form I-601A

Typically, one can use Form I-601A to file a waiver if:

They are physically present in the U.S.
They are at least 17 at the time of filing.
They have an immigrant visa case underway with the U.S. Department of State.

Unsure if you qualify for the I-601 and I-601A waivers? Krewson Law can help you see if you meet the requirements and will help you file the appropriate application and guide you through the process. Contact Krewson Law today to discuss your eligibility to receive a U.S. waiver.