WHAT IS A 601A WAIVER?
A 601A waiver is a waiver for spouses and other immediate relatives of
a U.S. citizen petitioner. The waiver asks the United States government
to excuse the applicant's unlawful presence. The waiver is most commonly
used when someone enters the United States unlawfully or without proper
documentation and who marries a United States citizen.
WHAT IS THE DIFFERENCE BETWEEN A 601 WAIVER AND A 601A WAIVER?
A 601 waiver is a waiver for various grounds of inadmissibility, including
unlawful presence, crime, fraud, and other grounds of inadmissibility.
The 601 waiver is much broader, and you must specifically select the grounds
you are seeking a waiver for, with an explanation as to why the waiver
should be approved.
Unlike the 601A waiver, which is relatively new, the 601 waiver can only
be applied for after an embassy or consulate interview where you were
The 601A waiver, on the other hand, can be applied for while you are in
the United States. Upon approval of the 601A waiver, you still must leave
the United States and conduct your consular interview, however, you will
have an approved waiver in your hands prior to the embassy or consulate
interview, which you will give the interviewing officer. This avoids the
uncertainties of leaving the United States prior to a waiver approval.
I WANT TO APPLY FOR A 601A WAIVER. WHAT DO I NEED TO PROVE?
601A waivers are not easily approved, so you need to contact an experienced
Orange County immigration attorney to assist you with the process. Significant
documentation and evidence is needed to prove that if the waiver is not
approve, your qualifying relative petitioner will suffer an
WHAT IS CONSIDERED AN EXTREME HARDSHIP?
Many factors are taken into consideration when determining if there is
an extreme hardship to your immediate relative. Some examples include
extreme financial difficulty the petitioner will face, the emotional distress
a petitioner will face and the country conditions of the beneficiary's
country, so as to prove that it would cause an extreme hardship if both
spouses were to have to live outside of the United States.
In short, the 601A waiver is asking the government to excuse the non-US
citizen spouse's previous unlawful presence so that the family can
live together in the United States. The evidence and documentation should
also prove that it would be nearly impossible for the US citizen to live
in the country of the person he or she is trying to petition. An immigration
attorney can assist you in preparing a convincing case to grant the 601A waiver.
WHEN DO I APPLY FOR THE 601A WAIVER?
You may only apply for a 601A waiver once you have an approved immigrant
visa petition from an immediate relative US citizen, and all visa fees are paid.
WHAT HAPPENS IF THE 601A WAIVER IS DENIED?
Unfortunately, there is no appeal process if the 601A waiver is denied.
However, you can apply again. In the meantime, however, the USCIS may
refer your case to an immigration judge. That is why you should have your
case evaluated by an immigration attorney before submitting the waiver.
Individuals with criminal records are particularly at risk for being referred
to an immigration judge.
I ATTENDED AN EMBASSY OR CONSULATE INTERVIEW AND I WAS FOUND INADMISSIBLE.
THE OFFICER TOLD ME I NEED TO FILE A 601 WAIVER. WHAT SHOULD I DO?
The first thing you need to do is speak to an experienced Orange County
immigration attorney to evaluate the chances of whether your 601 waiver
will be granted. Common reasons for denial include unlawful presence,
past criminal conduct and medical issues.
Once an immigration attorney has reviewed your case, the attorney, upon
deciding the likelihood of success of having the 601 waiver approved,
can assist you in preparing a strong case, supporting the grant of your
Whether you are seeking a 601A waiver or a 601 waiver, you need to speak
to an experienced Orange County immigration attorney to evaluate and prepare
your case. Both the 601 and 601A waivers require extensive evidence and
an attorney can help you through this confusing process.
Contact the immigration Law Office of Ashkan Yekrangi, P.C. to discuss your case today. Our office proudly serves all of Southern
California, including Santa Ana, Irvine, Anaheim, Huntington Beach, Mission
Viejo, Rancho Santa Margarita, Laguna Hills, Laguna Beach, Brea and many
more Orange County cities.