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I-601 Waiver of Inadmissability 

Introductiong the 601 Hardship Waiver

These waivers provide a solution for individuals who face challenges in re-entering the U.S. due to past immigration, criminal, or personal issues within the United States. Whether you’re applying after an approved I-130 petition for an immediate relative, an I-140 petition for an alien worker, or even an I-129F (K Visa/Fiancé Visa) interview at an overseas Consulate, the I-601 waiver has got you covered. Plus, in some instances, an I-601 hardship waiver can even be filed while going through the adjustment of status process within the United States itself.

Proven Results

Understanding the 601 Hardship Waiver

  • Congress has been granted the authority to delegate discretionary powers to Immigration and the Attorney General pertaining to the waiving of specific grounds (reasons) for inadmissibility. Numerous grounds exist for which a foreign national may be deemed inadmissible, necessitating their pursuit of I-601 Inadmissibility Waivers. These grounds encompass, but are not confined to, the following:

    Enter Without Inspection
    If you entered the U.S. without inspection and legal admission into the U.S. or as commonly described as “entering without paper”, you will be inadmissible and subject to either a 3 years or 10 years bar from entering the U.S. in the future. Spouse or child of a U.S. citizen or permanent resident, or fiancé of a K visa petitioner may apply for I-160 waiver. You must prove “Extreme Hardship” on your U.S. citizen or permanent resident spouse or parent(s) or K-1 petitioner if you were to denied entry to the U.S. or the qualifying relative moved abroad.

    Health Issues
    Including individuals with communicable diseases like HIV infection or Infectious tuberculosis; individuals who have not received vaccinations against specific vaccine-preventable diseases; those with Physical or Mental Disorders and corresponding behaviors; or persons identified as drug abusers or addicts.

    Economic Impact
    Individuals who might potentially be regarded as a burden on public resources are referred to as “public charge.” This term implies individuals who lack the means to support themselves and rely on financial assistance programs, such as Medicaid or other governmental funds, to cover long-term care expenses. It is worth noting that the receipt of food stamps or other non-cash benefits typically does not have a direct impact on a person’s immigration status. The evaluation of “public charge” status involves a complex set of criteria.

    Past Immigration Issues
    A I-601 Waiver is required if you have a history of:

    • Misrepresentation for immigration purpose
    • Committing document
    • Fraud such as deliberately using a false birth certificate to obtain a U.S. passport
    • Previous removal orders
    • Overstaying in excess of 6 months
    • Entering the U.S. without inspection

    Criminal Offenses
    Individuals who engage in acts of moral turpitude render themselves inadmissible. A crime of moral turpitude encompasses conduct that is inherently base, vile, or depraved, and contrary to accepted moral standards. Specific offenses are not typically listed, but are determined based on statutory definition and judicial interpretation as reflected in the conviction record. Here are a few examples of Crimes of Moral Turpitude:

    • assault and/or battery
    • carrying concealed weapon with intent to use or firearms discharge
    • child or spousal abuse
    • drug offenses more than 30 mg of marijuana
    • driving under the influence or disorderly conduct
    • fraud or misrepresentation
    • kidnapping
    • money laundering
    • murder and voluntary manslaughter
    • robbery
    • terrorist threats

Start the  I-601 Waiver of Inadmissability process by filling out the form below

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