Who Qualifies for a Waiver of Inadmissibility I601?

Introduction

Navigating the complexities of U.S. immigration can be daunting and complex, particularly for individuals facing grounds of inadmissibility as outlined in the Immigration and Nationality Act. These legal barriers can significantly hinder the visa application process or adjustment of status. Fortunately, individuals may have the option to file for a Waiver of Inadmissibility, a legal provision that allows those who would otherwise be denied entry to submit applications for visa or green card processing.

If your immigration application has been denied due to inadmissibility, you may be eligible to file Form I-601 if you are outside the U.S., or Form I-601A if you are applying from within the country.

Form I-601, Application for Waiver of Grounds of Inadmissibility.

Which Application Should I Use to Apply?

I-601

The I-601 Application for Waiver of Grounds of Inadmissibility is a type of immigration waiver that enables non-citizen aliens to immigrate to the United States legally.

Who may file the Form I-601?

• An applicant who is outside the United States who has had a visa interview with a consular officer and was found inadmissible.

• Any applicant for adjustment of status

• K-1 or K-2 nonimmigrant visa applicant

• K-3 or K-4 nonimmigrant visa applicant

• V nonimmigrant visa applicant

• Temporary Protected Status (TPS) applicant

• Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant

• Haitian Refugee Immigrant Fairness Act (HRIFA) applicant

• Violence Against Women Act (VAWA) self-petitioner

• T nonimmigrant visa holder filing for adjustment of status who is inadmissible by reason of a ground that has not already been waived in connection with the T nonimmigrant status

Costs Involved in Filing a Waiver of Inadmissibility I-601

Filing Form I-601, requires a non-refundable I-601 waiver fee of $1050 as of May 29, 2024.

I-601A

The I-601A Application for Provisional Unlawful Presence Waiver specifically addresses those who have accrued unlawful presence in the U.S. and are seeking to return to their home country to apply for a visa. By filing this application, individuals can request a waiver for their unlawful presence, which, if granted, allows them to proceed with their visa application without the usual penalties associated with their previous immigration violations.

Who may file the Form I-601A?

• You must be in the U.S., at least 17 years old, and have a pending immigrant visa case with the Department of State (DOS).

• You must be the main applicant of an approved immigrant petition, a Diversity Visa (DV) Program selectee, or the spouse/child of a main applicant or DV selectee, and you must have paid the visa processing fee.

• You believe your only issue for inadmissibility is being unlawfully present in the U.S. for over 180 days but less than 1 year, or for 1 year or more during one stay.

• If you're part of the DV Program, you can only get a waiver during the fiscal year of your selection and while waiting for a visa interview.

  
  

Costs Involved in Filing a Waiver of Inadmissibility I-601A

Filing Form I-601A, requires the fee of $795 as of May 29, 2024.

Need Help with Your Waiver of Inadmissibility? 

For a detailed overview of Form I-601 or Form I-601A about who should file it, processing time 2024, and additional information. Please visit our website Melendez legal.