An I-601 Waiver form is an eleven-page document known as an Application for Waiver of Grounds of Inadmissibility. For convenience, most people use the term I-601 Waiver.
This document is utilized by the US Citizenship and Immigration Services, USCIS. It permits individuals who may have been deemed inadmissible to the United States to apply for a waiver that allows them entrance into the United States or modifies their United States status while inside the country.
Why an Individual May Be Deemed Inadmissible
There are multiple reasons why an individual may be prohibited from entering the United States, such as carrying a specific communicable disease or being a convicted felon. This type of individual would usually have to stay outside of the US for a determined amount of time. The I-601 waiver is an application for that decision to be re-evaluated on the grounds that the person has family legally residing inside the US that would experience unwarranted hardship if the applicant were not admitted.
What is Considered Extreme Hardship?
The normal troubles that occur when a couple or family is separated are not sufficient to be deemed an \”extreme hardship.\” Nevertheless, difficulties can accumulate to meet the requested level of hardship accepted by the government. Some issues the government considers are:
Health
- Physical or mental condition that may require continuous treatment.
Financial
- Future employment and financial suffering if the waiver is not approved.
Personal
- Hardships that family members may accrue if the waiver is not approved.
Education
- If education goals are would be stifled and future earnings affected.
Special Factors
- Language, religious, ethnic and cultural matters.
The above list is only a few of the hardships that can be combined to prove \”extreme hardship.\” In these circumstances, it is better to work with an attorney who can assist in focusing on the strongest arguments for possible I-601 waiver approval.
The government demands that the applying individuals verify these claims. When reviewing the case, immigration authorities consider two situations. They determine whether tremendous hardship would exist if the family member who is a US citizen left the country with the prohibited individual. Additionally, they will consider if continuing to deem a person inadmissible, which frequently demands that he or she stay outside of the country, will develop into an undue hardship for the family living in the United States.
Specific Circumstances
Depending on the situation, an individual can be inside or outside of the United States when the I-601 waiver is submitted. For instance, an individual who has overstayed their visa, even though inside the country, would need the I-601 form if they want to adjust their status legal.
Individuals outside the US must submit their form to the US Embassy where they are trying to receive their visa. The I-601 waiver permits an individual to address all of their concerns on one application. The USCIS advises that a waiver, if approved, will relate only to the specific grounds displayed on the form.