If you've been denied a visa or other immigration benefit, you may be able to resolve the problem by applying for an I-601 waiver. An I-601 waiver, or Application for Waiver of Grounds of Inadmissibility, is a form used by certain immigrant applicants when applying for a visa, an adjustment of status, or an immigration benefit that they are not eligible for.

Ineligible applicants submit Form I-601 to U.S. Citizenship and Immigration Services (USCIS) to request that their ground(s) of inadmissibility be waived. Whether an applicant is eligible for a waiver depends on the benefit that they are applying for and the reason that they are inadmissible.

Who Can File an I-601 Waiver?

Applicants listed in the left-hand column below may file Form I-601 to request that any of the corresponding grounds of inadmissibility listed in the right-hand column be waived.

How Does USCIS Decide Whether or Not to Approve an I-601 Waiver?

While there are many grounds on which an applicant can be found inadmissible, a selected few are listed below to provide examples of circumstances under which USCIS will approve a 601 waiver.

Health Related Grounds

Applicants can be deemed ineligible if they lack proof of having had all required vaccinations. However, USCIS may approve a waiver of vaccination inadmissibility if:

• The applicant receives the needed vaccination
• A qualified medical officer certifies that the vaccination wouldn't be medically appropriate, or
• The Secretary of the DHS determines that requiring the vaccination would go against the applicant's religious beliefs or moral convictions.

Immigrant Membership in a Totalitarian Party

An applicant can be deemed inadmissible if he or she is or has been affiliated with the Communist or any other totalitarian party. However, a waiver may be granted if:

• The applicant is the spouse, parent, son, daughter, brother, or sister of a U.S. citizen or a spouse, son, or daughter of an alien lawfully admitted for permanent residence, or the fiancé of a K visa petitioner
• The alien isn't a threat to the security of the U.S.
• The waiver is requested for humanitarian purposes, to assure family unity, or is otherwise in the public interest, and
• In the immigration officer's opinion, the applicant's undesirability as a permanent resident is outweighed by social and humane considerations

Misrepresentation

An applicant is inadmissible if he or she intentionally lied about, or misrepresented, any significant fact while seeking a visa, admission to the U.S., or any other benefit under the Immigration and Nationality Act (INA). However, the applicant may be granted a waiver if he or she can show that:

• Refusal of admission to the U.S. would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent, or to the K visa petitioner, and
• In the immigration officer's opinion, the applicant's undesirability as a permanent resident is outweighed by social and humane considerations.

Unlawful Presence

A foreign national is inadmissible for three years if he or she has resided unlawfully in the U.S. for an uninterrupted period or more than 180 days but less than one year, and then voluntarily departed before removal proceedings were initiated against them. However, a waiver may be granted for a foreign national who establishes that:

• Refusal of admission to the U.S. would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent, or the K visa petitioner, and
• In the immigration officer's opinion, the applicant's undesirability as a permanent resident is outweighed by social and humane considerations.

Filing Fee

The filing fee for Form I-601 is $585 as of October 2015, is nonrefundable, and can be paid by check or money order.

Penalties

If you knowingly and willfully misrepresent or conceal a material fact on your I-601 waiver, or submit a false document, USCIS may deny your waiver as well as any other immigrant benefit. Additionally, you may be subject to penalties and criminal prosecution.

Appealing a 601 Waiver Denial

If USCIS denies an I-601 waiver, the applicant may appeal the decision by filing Form I-290B, Notice of Appeal, with the USCIS Administrative Appeals Office.

Additional Resources

• Form I-601: Application for Waiver of Grounds of Inadmissibility
• Instructions for Form I-601
• Immigration Law Basics

Get Legal Help with Your I-601 Waiver

Immigration laws are subject to dramatic and sudden changes and the details of your individual situation are important considerations. Before submitting a waiver, it's a good idea to contact a local immigration attorney who can tell you more about the I-601 waiver and guide you through the application process.