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I-601 Waiver

The I-601 waives certain grounds of inadmissibility that would normally disqualify you for an immigrant visa, adjustment of status, certain nonimmigrant visas or access to immigration benefits.

Eligibility for this waiver is granted if a member of your immediate family who is a U.S. citizen / permanent resident shows that they would suffer “extreme hardship” if you were denied a visa or immigration benefits.

Notes:

  • Approval for this waiver varies greatly depending on the court, because “extreme hardship” is not clearly defined in immigration law.
  • Any aggravating factors, such as prior violations of immigration law or a criminal record, are likely to hurt chances of getting a waiver approved. These factors will be assessed on your family member’s records as well. Be sure to identify all potential aggravating factors in your application.

I-601 Waiver: Mitigating Factors

It is important to submit mitigating factors for any aggravating factors that may be held against you.

If you are applying for this waiver because an aggravating factor—like a criminal record, willful misrepresentation or fraud—has made you ineligible for a visa, then the courts will look for a much higher level of extreme hardship for your family member, as well as convincing evidence of mitigating factors.

If you applying for the waiver because of unlawful presence to begin with, you will want to show that you believed that you were complying with immigration laws.

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.

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