Form I-601, Application for Waiver of Grounds of Inadmissibility, is used by individuals found inadmissible to the United States who want to seek a waiver to overcome specific grounds of inadmissibility. The waiver is most commonly needed during consular processing when a visa applicant is found inadmissible, or during Adjustment of Status when USCIS identifies an inadmissibility issue.
14 steps across 3 sections
1. Who May File
- Applicants for immigrant visas found inadmissible during a consular interview.
- Applicants for Adjustment of Status found inadmissible by USCIS.
- Applicants for K or V nonimmigrant visas found inadmissible.
- TPS applicants, Special Immigrant Juveniles, and VAWA self-petitioners (broader waiver availability).
2. Common Grounds of Inadmissibility That Can Be Waived
- Unlawful presence (3-year and 10-year bars for overstaying 180 days or 1 year).
- Fraud or misrepresentation in obtaining a visa or immigration benefit.
- Certain criminal convictions (crimes involving moral turpitude, controlled substance violations).
- Health-related grounds (certain communicable diseases).
- Prior immigration violations (illegal entry, deportation, removal).
- Public charge (in some circumstances).
3. Qualifying Relatives
- U.S. citizen or LPR spouse.
- U.S. citizen or LPR parent.
- In some cases, U.S. citizen child.
- VAWA self-petitioners have broader qualifying relative standards.
Common Mistakes
- Insufficient extreme hardship evidence
- Not identifying the right qualifying relative
- Weak personal statement
- Not including professional evaluations
- Filing I-601 when I-601A is available
Pro Tips
- Consider the I-601A first
- Invest in a psychological evaluation
- Country condition evidence matters
- Cumulative hardship
- VAWA self-petitioners have broader eligibility