I-601 Waiver of Inadmissibility

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* Our representation includes the preparation and submission of all applications and documents necessary to obtain your waiver. This includes a psychological evaluation from a licensed psychologist. We will also schedule consular processing and personally prepare you for your consular interview.


If you are not a US Citizen or lawful permanent resident, getting permission from the US government to move to or visit the United States can be a difficult process. Even though an individual may have someone to sponsor them for a green card, or may have a legitimate reason to come for a visit, certain aspects of that person’s background may require them to obtain an immigration waiver before being granted the immigration benefit that they desire. Immigration waivers are not easy to get. Waivers of inadmissibility are offered on a limited basis and are discretionary. Just because someone meets the minimum requirements for a waiver does not mean that it will be granted. Seeking a waiver of inadmissibility often requires the immigrant to exit the United States and apply for the waiver at a US consulate.

Bars to Admission

Bars to admission can be triggered based on a number of grounds, including:

  • Health Related Grounds - Communicable disease of public health significance, Vaccinations, Physical or Mental Disorders (Alcoholism; DWI; Drug Addiction)
  • Economic Grounds – likely to become a public charge by reason of poverty, insanity, disease, or disability; Certain occupations – health care workers & physicians
  • Criminal Grounds - any crime of moral turpitude, violation of controlled substance or trafficking laws, money laundering, multiple criminal convictions, prostitution, and aggravated felons
  • Illegal Entrants and Immigration Violators - entry without inspection, failure to attend removal proceedings, misrepresentation, false claim to citizenship, human smuggling
  • Unlawful Presence - resulting in 3 and 10 year bars to admissibility
  • Aliens Present After Previous Immigration Violations

Immigrant Waivers (I-601)

An I-601 waiver is an inadmissibility waiver for an intending immigrant. Green card applicants (and those applying for a K-1 or K-3 visa) who are denied the visa either when applying at a US Embassy or Consulate abroad or when adjusting in the US will be given a chance to file an I-601 waiver if their ground of inadmissibility is waivable.

Typical grounds of inadmissibility that can be waived with a 601 waiver include a 212(a)(9) bar for a visa overstay (or for entering without inspection). The 212(a)(9) overstay waiver can be used for both the 3 year bar (visa overstay of less than a year but more than six months) and a 10 year bar (visa overstay of more than a year). Certain criminal grounds of inadmissibility that can be waived with an I-601 waiver pursuant to INA 212(h) include crimes involving moral turpitude and multiple criminal convictions. Further, An I-601 waiver is also available for misrepresentation. Entering or attempting to gain an immigration benefit (such as applying for a visa or applying for admission at the border) using fraud or misrepresentation makes someone inadmissible pursuant to INA 212(a)(6)(c).

Deportation Waivers (I-212)

Depending on the length of time that has passed, a prior deportation order may make a person inadmissible. A deportation waiver is usually filed on Form I-212 for all applicants, whether they are applying for the deportation waiver along with an immigrant visa or a nonimmigrant visa.

Nonimmigrant Waivers

Temporary workers or visitors who are inadmissible may file for an I-212(d)(3) waiver either at a US Embassy or Consulate abroad or at a port of entry in the United States. The I-212(d)(3) is normally filed on Form I-192.

Certain Exceptions Exit - Admustment of Status Pursuant to 245(i)

Individuals who had a visa petition filed on their behalf before April 30, 2001 may be except for certain bars to admissibility upon paying a fine.


I-601 Waivers of inadmissibility will waiver your 10-year ban. If your waiver is approved, you will no longer be subject to the 10-year penalty and you will immediately be eligible to apply for immigration benefits.


Who Is Eligible For A Waiver of Inadmissibility?

An applicant will be eligible for a waiver of inadmissibility if the applicant:

  • Has an I-130 approved and has a visa immediately available;
  • Can prove that their U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship (note that hardship to children is not considered).


Waiver Procedure

From start to finish, waiver cases typically take approximately 12-18 months to complete. The following steps are involved in a waiver case:

  • File Form I-130;
  • Submit Form DS-260 and Affidavit of Support Documents;
  • Pay AOS/IV fees;
  • Complete Psychological Evaluation;
  • Schedule Immigrant Visa Consular Appointment
  • Attend Immigrant Visa Interview;
  • Submit I-601 Waiver Packet;
  • Obtain Lawful Permanent Residency

Why Choose ImmigrateFast

Why Hire ImmigrateFast?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families. Unfortunately, most waivers adjudicated by DHS and DOS are based on loose discretionary standards with a wide berth of judgment left to the examining officer. Therefore, preparing a compelling waiver brief with extensive supporting documentation, and knowing how to most effectively present this to U.S. immigration authorities, is absolutely critical to the success of the waiver.

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”

Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

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I-601 Waiver of Inadmissibility Our Law Firm Typical Law Firm
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Specialize in Immigration Yes No
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* Our representation includes the preparation and submission of all applications and documents necessary to obtain your waiver. This includes a psychological evaluation from a licensed psychologist. We will also schedule consular processing and personally prepare you for your consular interview.

Frequently Asked Questions

Can an I-601 waiver be filed inside the United States?

You must prove rehabilitation in order to get approval on the waiver for a criminal ground. Even if the alien is not inadmissible on criminal grounds, if the alien has any criminal history – including expunged convictions, convictions as a minor, convictions that qualify for the petty offense exception, DUIs, etc. – then if the alien does need a waiver for a different ground of inadmissibility, such as prior unlawful presence, then the criminal history will be part of the discretionary decision and you need to provide documentation on the conviction and evidence of rehabilitation. Such evidence may include:

_time since last conviction, generally more serious convictions and/or repeat offenses require more time since last conviction

_statements of the criminal court regarding chances of alien repeating the crime (sometimes the court actually comes out and says the defendant is unlikely to reoffend)

_expungements and pardons (don't get you out of ground of inadmissibility, but they're great proof of rehabilitation, 9 FAM 40.21(b) N4:1-3(b)(4) actually refers to them as "rehabilitative" statutes)

_letter from parole officer, policeman, judge or other law enforcement official stating that from their experience they 'know' when someone is likely to reoffend and this guy won't reoffend

_letter from psychologist stating that crime was result of psychological problem and now the person is better (this is especially useful for history of shoplifting without economic motivation)

_evidence of changed life conditions, e.g. alien committed offenses when he/she was young, foolish, unemployed, childless, and/or single, but now person is older, wiser, married, employed and/or has kids

_letter from clergy stating this person has changed

_evidence that alien is in position of trust with money (if financial crime) or trust with children (if violent or alcohol-related crime) and that the people who placed him in this position of trust KNOW the alien's criminal history

_evidence of successful completion of alcohol or drug treatment program if alcohol or drugs were a factor in the crime (BEWARE OF ADDICTION GROUNDS OF INADMISSIBILITY - ALIEN MUST BE CLEAN AND SOBER FOR THREE YEARS)

_for recent first-and-only offenses of a less serious nature, if the punishment was light, bring that up

Are there grounds of inadmissibility for which a waiver is not available?

Certain applicants may apply inside the US. It is important to speak to a qualified immigration attorney to analyze this possibility. There are several grounds of inadmissibility for which no waiver is available under the following sections of law:

_Permanent Ban: INA § 212(a)(9)(C) applies if the alien was unlawfully present for at least one year in the aggregate after April 1, 1997, departed and returned or attempted to return without inspection OR was deported/removed at any time, left and then returned after April 1, 1997. If you are not sure whether you were formally deported or just refused entry, run an FBI fingerprint check (http://www.fbi.gov/hq/cjisd/fprequest.htm). The FBI report will list all deportations.

_False claim of citizenship: Applies to aliens who have made a false claim of citizenship after September 30, 1996 to any state or federal government official for any purpose or benefit under state or federal law. Various agencies involved in Immigration are split on whether a false claim made by a minor or made by another on behalf of a minor will render one inadmissible on this ground. Currently the consulate in Ciudad Juarez makes no exceptions for minors. Beware that this section of law is very broad.

_In absentia order for removal: If the applicant has an in absentia order for removal, he will not be eligible to apply for a waiver for five years from the next exit from the US. No exception for minors.

_Nearly any drug conviction: The only drug-related crime for which a waiver is available is a single incident of simple possession of marijuana of less than 30 grams.

_Suspicion of drug trafficking: The consulate only needs ‘suspicion’ of trafficking. No conviction, confession or hard evidence is required.

_Prior gang membership: If the applicant was previously a member of a gang, regardless of the proof of rehabilitation, he will not be eligible to apply for a waiver.

_Deportation of a permanent resident for aggravated felony: This ground only applies to former permanent residents.

_Prior frivolous asylum claim: No waiver ever. Finding must be made by an immigration judge. Only applies if the original asylum claim was made after April 1, 1997.

_Prior marriage fraud: Can never again get an I-130 approved. If the alien’s new immigrant visa is based on a different ground, such as employment, then a waiver is theoretically available, but unlikely to be approved unless you can prove that the prior marriage was, in fact, real.

What is an application for a waiver of grounds to inadmissibility and who is a qualifying relative?

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. The most common waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. So who is the qualifying relative? It depends on the ground of inadmissibility. A waiver for prior unlawful presence (INA § 212(a)(9)(B)(v)) or misrepresentation (INA § 212(i)) requires it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” whereas a waiver for criminal history (INA § 212(h)) requires it to be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.” A US citizen fiancé(e) may also be a qualifying relative [9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i)].

Read more FAQ about our I-601 Waiver of Inadmissibility service.