If immigration authorities have denied you a visa or other immigration benefit, you may be able to resolve the problem by applying for an I-601 waiver. Otherwise known as an Application for Waiver of Grounds of Inadmissibility, Form I-601 allows certain immigration applicants to apply for a visa, an adjustment of status or an immigration benefit they are not eligible for. To request that the United States Citizenship and Immigration Services (USCIS) waive their grounds of inadmissibility, ineligible applicants may submit Form I-601. However, not every immigration applicant is eligible for this waiver. For more information on the I-601 waiver, please continue reading, then contact an experienced 601 A waiver immigration attorney in New York City today. Some questions you may have include:
Who can file an I-601 waiver in New York?
Those who can file a Form I-601 include applicants for:
- Adjustment of status to lawful permanent residence
- An immigrant, K or V nonimmigrant visa, and are outside of the United States, have had a visa interview and been deemed inadmissible
- Temporary Protected Status
- Adjustment of status under the Nicaraguan Adjustment and Central American Relief Act 202 or Haitian Refugee Immigration Fairness Act 902
- An immigrant visa or adjustment of status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner
- Adjustment of status based on T immigrant status
- Adjustment of status as a Special Immigrant Juvenile based on an approved Form I-360
What does an I-601 waiver do?
With a Form I-601, an applicant can have the following grounds of inadmissibility waived by U.S. immigration authorities:
- Health-related grounds
- Certain criminal grounds
- Immigration fraud and misrepresentation
- Immigrant membership in a totalitarian party
- Being an alien smuggler
- Being subject to civil penalty
- The 3-year or 10-year bar due to previous unlawful presence in the United States
- Being an alien previously removed
- Being unlawfully present after previous immigration violations
How does the United States Citizenship and Immigration Services determine your eligibility for a Form I-601?
That will ultimately depend on the applicant’s specific circumstances. While the USCIS does not set any hard and fast rules, it generally wants to verify that the applicant will not present a danger to United States citizens and that the applicant is who he or she purports to be. Should the applicant satisfy those two very basic conditions, they should be eligible for waiving their grounds of inadmissibility.
Before you submit your Form I-601, you should speak with a skilled NYC family immigration attorney to discuss the specifics of your case and determine the best course of action.
Contact Our New York City Immigration Lawyers
For an initial consultation with a skilled New York immigration lawyer, contact the Law Office of Cheryl R. David.