Who Qualifies for an I-601 Waiver—And How to Win Yours

The immigration system wasn’t designed to make your life easy. It’s a maze, filled with dead ends and barriers, where even minor past mistakes can lead to a finding of “inadmissibility”—effectively halting your ability to move forward.

But a denial doesn’t always mean the door is permanently shut. If you’re found inadmissible, you may qualify for a powerful remedy: the I-601 waiver.

Let’s break down who qualifies for the I-601 waiver, how it works, and what to expect—without sugarcoating what’s required or how difficult the process can be.

What is the I-601 Waiver?

The I-601, Application for Waiver of Grounds of Inadmissibility, is a legal request to forgive certain grounds of inadmissibility so you can continue pursuing your visa, adjustment of status, or other immigration benefit. If you’ve been told you’re inadmissible because of unlawful presence, criminal history, health issues, fraud, or other reasons, this waiver may be your best—and sometimes only—option.

There’s no one-size-fits-all here. Success depends on the details of your case, the type of inadmissibility you’re dealing with, and most critically—how well your application makes the argument that your denial would cause extreme hardship to a qualifying relative.

Who Qualifies for the I-601 Waiver?

You may qualify for the I-601 waiver if:

• You are outside the U.S. and have been found inadmissible during a consular interview.
• You are applying for a green card or certain nonimmigrant benefits and were found inadmissible during that process.
• You are seeking adjustment of status or a visa from within the U.S., and specific waiver eligibility applies to your case.
• You are a Violence Against Women Act (VAWA) self-petitioner or the child of one.
• You are applying for Temporary Protected Status (TPS) or other humanitarian-based relief.
• You have a qualifying relative who would suffer extreme hardship if your application is denied.

Who Counts as a Qualifying Relative?

This part is critical.

To qualify for most types of I-601 waivers, the hardship must be to:

• Your U.S. citizen or lawful permanent resident spouse;
• Your U.S. citizen or lawful permanent resident parent.
• Your U.S. citizen or lawful permanent resident son or daughter, only if you are requesting a waiver under INA 212(h) (waiving certain criminal convictions)

For some VAWA applicants, hardship to yourself may be sufficient. However, hardship to U.S. citizen children does not usually count unless you are applying under specific provisions like VAWA or SIJ (Special Immigrant Juvenile) protections.

What Grounds of Inadmissibility Can the I-601 Waive?

Here are some common reasons people apply for the I-601 waiver:

• Unlawful presence (you stayed in the U.S. without legal status)
• Fraud or misrepresentation (e.g., using false documents)
• Certain criminal convictions
• Communicable diseases of public health significance
• Mental or physical disorders with associated harmful behavior
• Membership in a totalitarian party or alien smuggling
• Prior removal or deportation (with additional Form I-212)
• Miscellaneous violations under INA 212(a)

Important: The I-601 only applies if the INA (Immigration and Nationality Act) says a waiver is available for that specific ground. Some grounds, like drug trafficking or national security risks, may not be waivable under I-601.

The I-601 vs. I-601A: What’s the Difference?

Both waivers deal with inadmissibility, but they apply in different situations:

• I-601 is typically filed after a consular officer has found you inadmissible (you’re outside the U.S. or applying from within under certain conditions).
• I-601A is a provisional unlawful presence waiver for people currently in the U.S., preparing to leave for consular processing. It must be approved before you leave to avoid triggering a 3- or 10-year reentry bar.

If you’re undocumented in the U.S. and plan to leave for a consular interview, I-601A may be your path. If other grounds of inadmissibility apply, I-601 will be required.

What is “Extreme Hardship”?

Just being separated from your family isn’t enough. USCIS is looking for hardship that goes beyond normal consequences of denial.

You must prove your qualifying relative would suffer extreme hardship in one of two scenarios:

1. If they stay in the U.S. while you’re denied; or
2. If they relocate abroad with you.

Examples of Evidence:

• A spouse’s serious health condition that requires your support;
• Psychological evaluations showing anxiety, PTSD, or depression worsened by separation;
• Financial dependency on your income;
• A parent’s reliance on you as a caretaker;
• Lack of access to healthcare, safety, or education abroad;
• Language or cultural barriers that would harm your qualifying relative if they moved with you.

Every waiver case must be personalized. This is where a strong legal advocate becomes essential.

What Happens After You File?

You’ll submit Form I-601 along with:

• Filing fee of $1,050 (as of writing)
• Evidence of your relationship with your qualifying relative
• Proof of their U.S. citizenship or green card status
• Personal statement explaining the hardship
• Supporting evidence: medical records, financial documents, expert letters, etc.

Once submitted, processing times can vary, often taking 12 to 15 months. If approved, you can continue with your immigration process. If denied, you may need to refile or appeal, often with a deeper legal strategy.

What If You Have a Prior Removal?

If you were previously deported (now known as “removed”), you’ll likely need to file Form I-212 along with your I-601 to request permission to reapply for admission.

Waiting periods apply based on the nature of the removal:

• 5 years: standard removal
• 10 years: voluntary departure violations
• 20 years: multiple removals

Some permanent bars require even more specialized strategy.

Key Mistakes That Can Tank Your I-601 Waiver

1. Submitting generic statements without evidence
2. Failing to focus on the qualifying relative’s hardship (not your own)
3. Forgetting to address the “stay” or “relocate” hardship scenarios
4. Sending in disorganized or incomplete paperwork
5. Not translating foreign documents properly
6. Not consulting with a knowledgeable immigration lawyer

This form isn’t a DIY project. The government is not going to give you the benefit of the doubt.

Why Hiring An Immigration Attorney is Non-Negotiable

USCIS is not in the business of empathy. They process thousands of these applications, and what gets approved isn’t the one with the most emotion—it’s the one with the clearest, most credible documentation of extreme hardship.

At the Law Office of Lina Baroudi, we treat your story with the dignity it deserves. We’ll help you build a rock-solid case, avoid mistakes, and push back against a system that’s far too quick to say “no.”

We don’t just check boxes, we lead the way forward.

Ready to Fight for Your Future?

If you’ve been found inadmissible, don’t panic—but don’t wait, either. The sooner we can review your case and assess your waiver eligibility, the stronger your chances.

Based in San Jose, CA, our firm handles I-601 waiver cases nationwide.