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Waiver of Inadmissibility – Filing Form I-601

An individual who is ineligible to enter the United States as an immigrant, or who is ineligible to adjust status from within the United States, must file Form I-601, Application for Waiver of Grounds of Inadmissibility to seek permission to enter the US. Form I-601 provides an opportunity to apply for an extreme hardship waiver or other US waiver if you have been deemed inadmissible pursuant to one or more of the following sections of law:

• Asserted Immunity from Prosecution (212(a)(2)(E))
• Civil Penalty under INA 274C (212(a)(6)(F))
• Commercialized Vice (212(a)(2)(D)(iii))
• Communicable Disease (212(a)(1)(A)(i))
• Controlled Substance Violations (Drug Crimes) (212(a)(2)(A)(i)(II))
• Crime Involving Moral Turpitude (CIMT) (212(a)(2)(A)(i)(I))
• False Claim to US Citizenship (212(a)(6)(C)(ii))
• Lacking Required Vaccinations (212(a)(1)(A)(ii))
• Membership in Totalitarian Party (212(a)(3)(D))
• Misrepresentation (212(a)(6)(C)(i))
• Multiple Criminal Convictions (212(a)(2)(B))
• Physical or Mental Disorder (212(a)(1)(A)(iii))
• Pimping or Procuring a Prostitute (212(a)(2)(D)(ii))
• Prostitution (212(a)(2)(D)(i))
• Smugglers (212(a)(6)(E))
• Unlawful Presence (212(a)(9)(B))

Basis for Requesting an I-601 Waiver

Requesting an I-601 Waiver is a complicated endeavor that will require an in-depth assessment of the individual’s situation. It may be possible to request the waiver where the applicant can show extreme hardship to a US Citizen Spouse in the event of denial. Or alternatively, if the individual’s inadmissibility is due to a Crime Involving Moral Turpitude, a waiver may be available without showing “extreme hardship” if the offense occurred more than 15 years ago. Regardless of the nature of the waiver request, it is highly advisable to consult with an immigration attorney to assess all of the options that are available and determine if there is a viable case.