The I-601 waiver is an 11-page document used by the USCIS to allow individuals deemed inadmissible to the US to apply for a waiver. It requires proof of extreme hardship to family members legally residing in the US and can be difficult to obtain. The waiver can address multiple inadmissibility reasons, but only those listed on the form will be waived. It can be downloaded from the USCIS website and should be submitted to the appropriate location based on the individual’s location.
A Form I-601 is an 11-page document formally titled Application for Waiver of Inadmissibility Grounds. Many people simply refer to the form as an I-601 waiver. This document is used by the United States Citizenship and Immigration Services (USCIS) to allow individuals deemed inadmissible to the United States to apply for a waiver that allows them to enter the country or change their status while in the country.
There are a number of reasons a person may be ineligible in the United States, such as having certain communicable diseases or being convicted of a felony. Such an individual would generally have to remain outside the United States for an allotted period of time. The I-601 waiver is essentially a request for that decision to be reconsidered on the grounds that the affected individual has family members legally residing in the United States who will experience undue hardship if the person is not admitted.
The government requires applicant parties to prove these claims. In assessing the case, the immigration authorities consider two scenarios. They attempt to determine whether extreme hardship would exist if the family member who is a US citizen were to leave the country with the ineligible individual. They will also consider whether continuing to hold an individual ineligible, which often forces them to stay out of the country, will create undue hardship.
One of the most convenient ways to access the 601-page I-11 waiver is to download it directly from the USCIS website. Instructions for completing it are also available. Before applying, people should be aware that obtaining a waiver can be very difficult and that submitting this form is generally not free. This is a specialized matter that tends to be best handled with the assistance of an experienced immigration attorney.
Depending on the circumstances, an individual may be inside or outside the United States when this form is submitted. For example, a person who has overstayed her visa, while in the country, would need this form if she wanted to change her status so that her presence would become legal. The location of the individual will determine where the I-601 waiver should go. The USCIS provides a chart outlining the appropriate position for people in the United States. Those outside must submit the I-601 waiver to the US Embassy where they are attempting to obtain a visa.
It is possible that an individual may be considered ineligible for multiple reasons. The I-601 waiver allows that person to address them all within one application. USCIS cautions, however, that a waiver, if granted, will apply only to the reasons listed on the form. If a person does not include all of his inadmissibility reasons, the ones that have been excluded will continue to hinder his efforts.
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