I-601 Waiver

What is an I-601 Waiver?

For individuals who cannot obtain a green card, visa, or another immigration benefit due to one or more “bars” of inadmissibility, the U.S. government provides an avenue in which certain applicants can ask for “forgiveness” of a certain inadmissibility bar so they can continue in their immigration process.

This option is called the I-601 Waiver of Inadmissibility, and it requires a well-prepared, well-documented application package. These applications are sent to USCIS, and eligibility depends on whether the U.S. government has set aside a certain bar of inadmissibility as one that can be forgiven.

Bars of inadmissibility that may be eligible for an I-601 waiver include:

• Health-related grounds of inadmissibility
• Certain criminal grounds of inadmissibility, including prostitution
• Immigration fraud or misrepresentation when seeking an immigration benefit
• Immigrant membership in a totalitarian party
• Being subject to a civil penalty
• Alien smuggling of an immediate family member
• Unlawful presence in the United States

What is the benefit of the I-601 Waiver?

People who are granted the I-601 waiver are effectively “forgiven” for the waived bar of inadmissibility. The approved waiver of that bar of inadmissibility is valid indefinitely.

However, please note that the I-601 waiver itself does not provide any legal status or work authorization. It simply allows you to continue in the process of obtaining a green card, visa, or another immigration benefit.