What is the Waiver of Inadmissibility?

If you are not eligible to enter the U.S., you must file an Application for Waiver of Grounds of Inadmissibility, Form I-601.

Not being eligible to enter the U.S. is referred to as inadmissibility. If Form I-601 is approved, the reasons why you cannot enter are waived. Form I-601 is granted forever even if you aren’t granted an immigrant visa, immigrant admission or adjustment of status. The waiver remains valid even if your legal permanent status expires.

This waiver is normally filed while outside the U.S.

Can I File Form I-601?

You can file Form I-601 if one of the following applies:

  • You are outside the U.S. and you were found to be inadmissible after your Green Card interview.
  • You are seeking adjustment of status in the U.S.
  • You are outside the U.S. and you were found to be inadmissible after your K-1 or K-2 interview.
  • You are outside the U.S. and you were found to be inadmissible after your K-3 or K-4 or V nonimmigrant interview.
  • You are a Temporary Protected Status (TPS) applicant.
  • You are a Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant.
  • You are a Haitian Refugee Immigrant Fairness Act (HRIFA) applicant.
  • You are a Violence Against Women Act (VAWA) applicant for a Green Card.
  • You are a T nonimmigrant applicant for Adjustment of Status inadmissible on grounds not waived by the T nonimmigrant status itself.

What Grounds of Inadmissibility can be Waived?

The general grounds of inadmissibility that can be waived are the following:

  • Health issues
  • Certain crimes
  • Membership in Totalitarian Party
  • Certain immigration fraud
  • Unlawful presence in the U.S.

What Are the Documents for I-601?

To support your Form i-601, you will have to include documents like affidavits of support, police reports, medical records, court records, any evidence that shows you are not a threat to national security, and any evidence of family relationships. The documents will vary depending on your specific case.

What is Form I-601A?

Form I-601A is a form for the immediate relatives of U.S. citizens who are inadmissible on the grounds of unlawful presence. This form can be filed prior to leaving the U.S. for a Green Card interview.

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