I-601 Waiver for Fraud and Other Inadmissibility Issues

There are many situations in which you may find yourself in need of a waiver. If you were found inadmissible at a consulate interview abroad or at an adjustment of status interview in the U.S., you may be wondering what your options are. 

What type of waiver you need depends on which ground of inadmissibility applies to you. Below, we outline two common types of waivers available. However, note this is not an exhaustive list.

An I-601 waiver is similar to a Provisional Waiver, except that it applies to different grounds of inadmissibility. While the Provisional Waiver addresses only unlawful presence and the 10-year bar, the I-601 waiver is available for a broad array of inadmissibility issues, including unlawful presence, immigration fraud, alien smuggling, health-related issues, and certain minor criminal issues. 

While the Provisional Waiver is only available to those who are in the U.S. planning to pursue an immigrant visa at a consular interview abroad, the I-601 waiver is available for both those who are in the U.S. seeking adjustment of status or applying for an immigrant visa at a consulate office abroad but have been found to be inadmissible. 

Like the I-601A waiver, the I-601 waiver requires you to demonstrate that your qualifying relative will suffer extreme hardship if you are not allowed to remain in or enter the U.S.

I-212 Permission to Reapply for Admission

If you have been removed from the United States, you are barred from reentering the country for a set number of years, depending on why you were removed. If you are subject to the 5-, 10-, 20-year bars and have not remained outside the U.S. for the requisite period, or if you are subject to the permanent bar, then you will need to ask the government to permission to apply for admission. The way to do this is by filing the I-212 waiver.

If you are still in the U.S. and thinking about applying for an immigrant visa at a consulate office abroad, you may be able to apply for the I-212 waiver prior to your departure from the U.S. in order to minimize the time you must spend away from your family. 

When adjudicating an I-212 application, the officer evaluates the positive and negative factors in your case and weighs them against each other. Positive factors may include family and community ties in the U.S., the length of your residency, lack of criminal record, hardship to family members, and your overall good moral character. Negative factors may include criminal convictions, repeated violations of U.S. immigration laws, absence of close family or community ties, unauthorized employment in the U.S., the reason for your deportation, and existence of other grounds of inadmissibility.