Immigration Forms
I-601: Everything You Need to Know
In this comprehensive guide, we'll walk you through everything you need to know about the I-601 waiver. We'll cover what the I-601 is used for, who needs to file the I-601, how to apply, what documents you'll need, and what to expect during the process.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
13 min read • Sep 04, 2024
Key takeaways
A key part of a successful I-601 application is showing that denial would cause extreme hardship to your qualifying U.S. citizen or lawful permanent resident family members.
For an I-601 waiver, qualifying relatives include U.S. citizens or lawful permanent resident spouses, parents, or children.
Filing and getting a decision on the I-601 can be a detailed and lengthy process, often taking over two years on average.
Navigating the I-601 process can be complex. Manifest Law offers expert help with completing your application, gathering evidence, and proving extreme hardship. Book a free consultation to learn more.
The I-601, also known as the "Application for Waiver of Grounds of Inadmissibility", is designed for individuals who have encountered issues that would normally prevent them from entering or staying in the United States.
Whether you're dealing with past visa violations, certain health conditions, or other complex circumstances, the I-601 offers a chance to request forgiveness and continue pursuing your visa, green card, or other immigration benefits.
In this comprehensive guide, we'll walk you through everything you need to know about the I-601. We'll cover what the I-601 is used for, who needs to file the I-601, how to apply, what documents you'll need, and what to expect during the process.
The I-601 is a form used to request a waiver for specific reasons, such as past visa violations or certain health conditions, that would normally make you ineligible to enter or remain in the United States, allowing you to still pursue a visa, green card, or other immigration benefits.
The I-601, or "Application for Waiver of Grounds of Inadmissibility," is a form used by individuals who are not eligible to enter or stay in the United States due to specific issues in their background. This waiver allows them to request forgiveness for these issues, which might otherwise prevent them from obtaining a visa, green card, or other immigration benefits.
In simple terms, if you've been told that you cannot enter the U.S. due to a particular reason—like a past visa violation, a criminal record, or certain health conditions—the I-601 form is how you ask the U.S. government to overlook that issue. To get this waiver approved, you typically need to show that not being allowed into the U.S. would cause extreme hardship to your U.S. citizen or lawful permanent resident family members.
Filing an I-601 can be a complex process, requiring a good amount of evidence and documentation to prove your case. It’s usually a good idea to consult with an immigration attorney to help ensure that your application is as strong as possible.
Family-Based Immigrants: If you’re applying for a green card based on a family relationship, you may qualify if denying your application would cause extreme hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child.
Health Issues: If you have a disease or other health condition that makes you inadmissible, you can request a I-601 waiver, often with proof that you’re receiving or will receive appropriate medical treatment.
Past Immigration Violations: If you’ve overstayed a visa, entered the U.S. illegally, or otherwise violated immigration laws, you may qualify for the I-601 waiver if you can show that your family would suffer extreme hardship without you.
Criminal Records: Some individuals with certain criminal convictions may qualify for the I-601 if they can demonstrate rehabilitation and that their family would experience extreme hardship if they were not allowed to stay in or enter the U.S.
Criminal Record
Immigration Violations
Health Concerns
Financial Issues
If you have been convicted of certain crimes like drug trafficking, terrorism, or serious offenses involving violence or fraud, this might make you inadmissible.
If you have overstayed a previous visa, entered the U.S. illegally, or provided false information on an immigration form, this could affect your eligibility.
Certain communicable diseases, such as tuberculosis, or not having the required vaccinations, can also be grounds for inadmissibility.
If the authorities believe you are likely to become a “public charge,” meaning you would rely on public assistance or welfare, they may deem you inadmissible.
Serious Medical Needs
Financial Stress
Emotional Impact
Safety Issues
Educational Disruption
If your relative has a medical condition that requires care in the U.S. and you are their primary caregiver, your absence could cause extreme hardship.
If your family relies on your income and losing it would cause severe financial difficulty, this could be considered extreme hardship.
If your absence would cause significant emotional distress to your relative, especially if they already have a mental health condition, this may qualify.
If your relative would have to move to a dangerous or unstable country, or face discrimination or lack of resources, this could be extreme hardship.
If your absence would disrupt your child's education or make them miss out on important opportunities, it could count as extreme hardship.
Eligibility
You’re an approved Violence Against Women Act (VAWA) self-petitioner seeking an immigrant visa; or,A T nonimmigrant filing Form I-601 based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status.You’re a T nonimmigrant filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status.
You’re seeking an immigrant visa or a nonimmigrant K or V visa and have been found inadmissible by a consular officer after your visa interview.
Filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status.
Filing Form I-601 and your Form I-485 is pending.
Filing Form I-601 with Form I-821, Application for Temporary Protected Status.
In removal proceedings.
I-601 Filing Address
USCIS Nebraska Service CenterU.S. Postal Service (USPS):USCIS
P.O. Box 87426
Lincoln, NE 68501-7526FedEx, UPS, and DHL deliveries:USCIS
Attn: I-601 VAWA
850 S St.
Lincoln, NE 68508-1225USCIS Vermont Service Center38 River RoadEssex Junction, VT 05479-0001
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-601 Foreign Filers
P.O. Box 21600
Phoenix, AZ 85036-1600
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-601 Foreign Filers (Box 21600)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
Follow the Form I-485 instructions.
If your Form I-485 receipt number (located on the I-797C Notice of Action) begins with "MSC" or "IOE" or does not have a 3-letter code at the beginning of the receipt number, then mail to:
USCIS Chicago Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680
FedEx, UPS, and DHL deliveries:
USCIS
Attn: AOS (Box 805887)
131 S. Dearborn-3rd Floor
Chicago, IL 60603-5517
If your Form I-485 receipt number (located on the I-797C Notice of Action) begins with "EAC", "LIN", "SRC", on "WAC" then mail to:
USCIS Dallas Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: NFB
P.O. Box 660867
Dallas, TX 75266-0867
FedEx, UPS, and DHL deliveries:
USCIS
Attn: NFB (Box 660867)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003
Mail your forms according to the instructions in the recently published Federal Register notice for your country’s TPS designation.
File Form I-601 with the Executive Office for Immigration Review (EOIR) according to the instructions provided to you in court. For information about EOIR, visit EOIR’s website at www.usdoj.gov/eoir
Manifest Law©️. Learn more on www.manifestlaw.com
Checking the status of your I-601 Waiver application is straightforward. Here’s how you do it:
Visit the USCIS Website: Go to the USCIS Case Status Online page at USCIS Case Status.
Enter Your Receipt Number: You’ll need your receipt number, which you should have received on the receipt notice from USCIS. This number is typically a 13-character code that starts with three letters followed by a series of numbers.
Submit Your Request: Enter the receipt number in the designated field and click on the “Check Status” button. The website will then display the current status of your I-601 Waiver application.
Review Status Updates: The status page will provide information about where your application stands in the process. It might show details such as “Case Received,” “Request for Evidence Issued,” or “Decision Notice Sent.”
Create a USCIS Account (Optional): You can also create a USCIS online account to receive automated updates and notifications about your case status.
Once your I-601 is approved, you’re one step closer to resolving your immigration issues and reuniting with your loved ones. Here’s what typically happens after I-601 waiver approval:
Visa Application Process: If your Form I-601 was approved and you’re outside of the US, you'll need to complete the visa application process at a U.S. consulate or embassy abroad. This usually involves attending a visa interview, where you’ll provide more documentation and answer questions about your application.
Travel and Reentry: After your visa is approved, you’ll receive an immigrant visa or a similar document that allows you to re-enter the United States. Once you have this visa, you can travel back to the U.S. and be admitted as a lawful permanent resident, depending on your specific visa type.
Final Steps: When you return to the U.S., you may need to complete a few final steps, such as getting your permanent resident card (Green Card) if that’s part of your visa process.
At Manifest Law, we’re dedicated to making the I-601 process as straightforward as possible for you. Our experienced immigration attorneys will assist you in filling out your application correctly and gathering all necessary evidence to demonstrate the severe hardship your relatives would face. Our goal is to strengthen your application to enhance your chances of approval.
Our tailored support is designed to fit your unique situation, ensuring a smoother and more manageable process. Book a free consultation today to learn more about our services.
What is the I-601 form for?
The I-601 form is used to request forgiveness for certain reasons that might otherwise prevent you from entering or staying in the United States. Essentially, it’s a way to overcome obstacles that could make you inadmissible due to issues like past immigration violations or criminal history.
If you’re applying for a visa or trying to adjust your status and find that you have grounds for inadmissibility—such as having stayed in the U.S. illegally for an extended period—the I-601 form allows you to ask for a waiver of those grounds.
How long does it take for an I-601 waiver to be approved?
The approval process for an I-601 waiver can take quite a bit of time—typically over two years. This long wait is because USCIS carefully reviews each application to make sure everything is correct and complete.
To help things go as smoothly as possible, it's crucial to provide accurate information and all the necessary documents when you submit your application. We highly recommend working with an experienced immigration lawyer to ensure your I-601 waiver is filled out correctly and your situation is explained effectively.
Who is a qualifying relative for I-601?
To qualify for an I-601 waiver, you need to show that your inadmissibility would create serious hardship for certain close family members who are either U.S. citizens or lawful permanent residents. These family members, known as "qualifying relatives," include:
Spouse: If your spouse is a U.S. citizen or lawful permanent resident, you need to demonstrate how your situation would cause them significant hardship.
Parents: If your parents are U.S. citizens or lawful permanent residents, you’ll need to explain how your inadmissibility would impact them, focusing on emotional and financial strain.
Children: For U.S. citizen or lawful permanent resident children, you should provide evidence of how your inadmissibility would affect their well-being and daily life.
What is the difference between I-192 and I-601?
The I-192 and I-601 forms are both used to request waivers for being inadmissible to the U.S., but they’re for different situations.
The I-192 form is for people who need permission to enter the U.S. temporarily, such as tourists, students, or workers, despite having reasons that might make them inadmissible. It’s often used when applying for a nonimmigrant visa or when arriving at a U.S. port of entry.
The I-601 form is for those seeking to overcome grounds of inadmissibility when applying for a visa or adjusting their status to become a lawful permanent resident. It’s used by people already in the U.S. or applying from abroad who face issues like past unlawful presence or criminal history.
What happens if I-601 is denied?
If your I-601 waiver is denied, it means USCIS determined that your application didn’t meet their requirements. This could be due to reasons like insufficient evidence or unresolved issues with the grounds of inadmissibility.
In the event of a denial, you have options. You can either appeal the decision or reapply, potentially with additional evidence or a more detailed explanation to strengthen your case.
At Manifest Law, we specialize in navigating these complex situations. Our experienced immigration attorneys can offer expert guidance and support to help you understand why your waiver was denied and how to improve your chances on appeal or in a new application.
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