If you have been deemed inadmissible during your application process to the United States, you may need a waiver from USCIS. The I-601 Application for Waiver of Grounds of Inadmissibility can help undocumented individuals overcome their inadmissibility if USCIS approves the I-601 waiver. This approval will enable the non-citizen to finish their immigration process to the United States.
To qualify for an I-601 or I-601A waiver, the non-citizen must have a “qualifying relative,” which means a U.S. citizen or green card holder spouse or parent. However, U.S. citizen children are not considered qualifying relatives for I-601 and I-601A purposes.
Secondly, the non-citizen must be able to demonstrate that the qualifying relative would experience extreme hardship if they were not allowed to remain or join them in the United States. Typically, the I-601 form is used for applicants outside of the United States or undergoing an adjustment process, while the 1-601A form is only used by applicants for consular processing, which involves processing their green card at a U.S. consulate abroad.
An I-192 waiver, known as the Application for Advanced Permission to Enter as a Nonimmigrant, allows non-citizens who are inadmissible and seeking permission to temporarily enter the United States as a nonimmigrant. We usually file this I-192 waiver with a U visa application to overcome unlawful entry into the United States.
Why do I need a lawyer? Not all waivers are approved! A complete waiver requires substantial documentation of extreme hardship to the qualifying relative, the approval rate is only 67%! Hiring an experienced lawyer can increase these chances immensely. I-601A and all waiver applications are complex and face high levels of scrutiny; we deem it imperative to seek professional legal assistance to increase the odds of approval and prevent unnecessary delays. Our office has handled many such I-601 and I-601A and 212 waivers applications in the last 30 years of practice, and we are confident we can assist.