Lawyer in New Jersey and New York October 31, 2019
I 601 Waiver – I-601, Application for Waiver of Grounds of Inadmissibility
I-601 WAIVER: WHO QUALIFIES?
There are three ways a non-citizen can qualify for an I-601 waiver.
First, a INA 212 H waiver applicant can prove that he or she has certain U.S. citizen or permanent resident family members that would suffer extreme and unusual hardship if the waiver if not granted. Second, an I-601 waiver can be sought when there is an interval of at least 15 years between the criminal act and the application for adjustment of status, if the non-citizen can prove rehabilitation and can show that his or her case deserves a favorable exercise of discretion. Finally, an application for an I-601 waiver can be filed by an approved self-sponsored VAWA applicant.
Since March 4, 2013, spouses of U.S. Citizens may use the I 601A “provisional waiver” of unlawful presence under INA 212 (a)(9)(B) and 8 CFR 212.7(e), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview.
The U.S. Citizenship and Immigration Services (USCIS) has created the waiver with the purpose to promote family unity. I-601A allows immediate relatives of U.S. citizens to apply for a waiver of the three- and ten-year bars for unlawful presence before leaving the U.S. instead of after leaving to attend their consular interview. This provisional waiver only includes the unlawful presence ground of inadmissibility.