Understanding the I-601 Application: Your Path to Overcoming Immigration Hurdles

Waivers of Inadmissibility on Health-Related Grounds:
Available for applicants with qualifying family relationships, religious objections to vaccinations, or certain physical or mental disorders.
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• Waives inadmissibility based on a communicable disease of public health significance 

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• Allows an exemption from the vaccination requirement because vaccinations are against your religious beliefs or moral convictions. Applicant must oppose all forms of vaccinations based on sincere religious beliefs or moral convictions.

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• Waives inadmissibility based on a physical or mental disorder with associated harmful behavior. USCIS also requires a complete medical history and a report with details of any hospitalization, institutional care, or any other treatment applicant may have received in connection with the disorder; a record of the physician’s findings regarding applicant’s current physical condition; an evaluation of the mental or physical disorder, including a detailed prognosis of the possibility of the recurrence of harmful behavior; and a recommendation concerning treatment that is reasonably available in the United States.

Criminal grounds:
Available for applicants with qualifying relatives who would experience extreme hardship, proving rehabilitation, and demonstrating a significant time lapse since the conviction.

The waiver can also be obtained by demonstrating rehabilitation and that your admission to the United States will not be contrary to the national welfare, safety, or security; and that at least 15 years has passed since the conviction.

• Examples of waivable crimes include:

  • Crimes involving moral turpitude (CIMT) are a broad range of crimes which typically involve intent to cause great bodily harm, defraud, or permanently deprive an owner of property (arson, assault with intent to cause great bodily harm, bribery, burglary, embezzlement, forgery, fraud, kidnapping, manslaughter, murder, perjury, rape, receipt of stolen goods, and others);

  • Single offense of simple possession of 30 grams or less of marijuana;

  • Two or more convictions, other than purely political ones, for which the sentences to confinement were a total of five years or more;

  • Prostitution;

  • Unlawful commercialized vice whether or not related to prostitution; and

  • Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.

Waivers of Inadmissibility due to Fraudulent Misrepresentation:
A misrepresentation occurs when an applicant obtains an immigration benefit through fraud or willful misrepresentation. 

Applicant must show that denial of admission to or removal from the United States would result in extreme hardship to his or her qualifying relative that would be either a spouse or parent who are either legal permanent residents or U.S. Citizens and that a favorable exercise of discretion is warranted.

Unlawful Presence Waiver:
 
Non-citizens who have stayed in the U.S. for certain periods of time in unlawful status accruing unlawful presence will be barred from obtaining a green card for a certain period of time. If the non-citizen had accrued unlawful presence of more than 180 days but less than one year, upon departure from the United States, the non-citizen will be barred from obtaining a green card for a period of three years. If the non-citizen accrued more than one year of unlawful presence, the non-citizen upon departure from the United States will be barred for a period of ten years. Fortunately, in the case of non-citizens who have a spouse, or a parent that is a US citizens or legal permanent residents, such a non-citizen can apply for a waiver, using the application form I-601.

• Have an approved family petition.

• Have a pending immigrant visa case with the Department of State (DOS) for the approved immediate relative petition and have paid the DOS immigrant visa processing fee (IV Fee).

• Be able to demonstrate that refusal of applicant’s admission to the United States will cause extreme hardship to applicant’s U.S. citizen spouse or parent.

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