Discovering that you are inadmissible to the United States can derail your immigration plans and leave you feeling hopeless. But with the Form I-601 waiver, overcoming inadmissibility is possible. At McBean Law, our experienced immigration attorneys are here to guide you through the I-601 process from start to finish. Read on for essential advice about completing this crucial waiver application.
We have helped many clients all across the globe successfully apply for I-601 waivers. To learn more and schedule your initial consultation, contact our office today. You can contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of top immigration lawyers who are here to help you appeal a denied green card.
What Is Form I-601?
Form I-601, officially known as the Application for Waiver of Grounds of Inadmissibility, is a legal process for immigrant visa and green card applicants who are deemed inadmissible to demonstrate that their inadmissibility should be waived due to extreme hardship.
The I-601 allows applicants to make their case for a waiver by showing that being denied entry to the U.S. would result in significant hardship for a qualifying U.S. citizen or permanent resident relative. If approved, the waiver enables the applicant to move forward with their visa or green card application despite inadmissibility.
Grounds of inadmissibility that may require an I-601 waiver include:
- Criminal issues and violations of law
- Health-related grounds
- Immigration fraud and misrepresentation
- Unlawful presence in the U.S.
Why Do I Need Form I-601?
In the process of applying for an immigrant visa or green card, all applicants undergo admissibility screening. Certain acts, conditions, and violations of U.S. immigration law can trigger inadmissibility and lead to visa or green card denial.
If you are found inadmissible, filing Form I-601 provides a pathway to potentially overcome this barrier to immigration. By demonstrating that inadmissibility would cause extreme hardship for a qualifying relative who is a U.S. citizen or permanent resident, you may qualify for an approved waiver.
How Do I Apply for Form I-601?
The I-601 waiver process includes gathering required documents, completing the application, paying fees, attending a biometrics appointment, and awaiting a decision. Key steps include:
- Consult with an attorney – Experienced legal guidance maximizes your odds of success and ensures no mistakes or oversights.
- Establish hardship – Collect evidence and testimony demonstrating tangible hardship your qualifying relative would face if you are denied entry.
- Complete Form I601 – Provide background information, disclose reasons for inadmissibility, and explain why a waiver is warranted.
- Submit documentation – Include all required supporting materials and proof with your application.
- Attend biometrics appointment – After filing, you must appear at an Application Support Center for fingerprinting.
- Await decision – Final decisions typically take 6-12 months. An attorney can help expedite the process.
What Does Form I-601 Cost?
As of 2023, the application fee for Form I-601 is $930. Additional costs include attorney fees, translation and photocopying costs, fees for copies of court records, as well as medical examination fees.
USCIS does not provide fee waivers or discounts for Form I-601. Our attorneys can advise you on managing these costs through affordable payment plans.
How Long Does Form I-601 Take to Process?
Current I-601 processing times range from about 6 months on the low end to 12 months on the high end. However, this timeframe can vary significantly based on your individual circumstances.
Factors that may increase processing times include if you are abroad completing consular processing, if extra evidence is requested, if your case involves appeals, or if background checks cause delays.
FAQs
1. Can I file Form I-601 myself?
You can complete the form yourself, but having an immigration lawyer handle the process significantly improves your chances of approval.
2. Does USCIS notify you of the I-601 decision?
Yes, USCIS will mail you written notice of their final decision approving or denying the waiver.
3. Can my waiver be revoked after approval?
Yes, if USCIS later finds you submitted false information or discovers new information making you inadmissible.
4. Can I appeal if my I-601 is denied?
Yes, you can file Form I-290B to appeal the decision within 30 days of denial.
5. Does USCIS expedite hardship waivers?
USCIS has discretion to expedite certain cases involving severe medical emergencies or other extreme, time-sensitive circumstances.
Choosing the Right Immigration Attorney
Successfully navigating the I-601 waiver process requires comprehensive legal guidance. When searching for immigration counsel, look for these key traits:
- Extensive knowledge of inadmissibility waivers and appeals
- A proven track record of positive outcomes on hardship waivers
- The ability to properly demonstrate tangible hardship
- A collaborative approach focused on your priorities
- Reasonable, transparent fees and payment plans
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by starting McBean Law. The immigration lawyers at McBean Law check every box. We know exactly how to present a persuasive, correctly documented I-601 application tailored to your unique circumstances. Our personalized approach has helped countless clients overcome inadmissibility. If you need help with your or a loved one’s green card, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of top immigration lawyers who are here to help you with your waiver.
