
To enter the United States or obtain a green card, an individual must be deemed “admissible” under U.S. immigration law. However, certain actions can render an individual inadmissible, including fraud and misrepresentation.
Fraud or willful misrepresentation of a material fact in an immigration application, or in statements to an immigration officer, can lead to inadmissibility to the United States. This inadmissibility remains in effect for life unless a waiver is granted. An applicant inadmissible for fraud or willful misrepresentation may be eligible for a waiver if they have a qualifying relative. Understanding these waivers, particularly the I-601, is crucial for those who find themselves ineligible for U.S. entry or benefits due to such violations. Consulting an experienced immigration attorney is essential for individuals facing inadmissibility due to fraud or misrepresentation, as they can assess the unique circumstances of each case and guide clients towards potential options for relief.
A waiver of inadmissibility allows an applicant to overcome the grounds of inadmissibility related to fraud or misrepresentation. The primary objectives of this waiver include:
This guide provides a comprehensive breakdown of the waivers available for fraud or misrepresentation, eligibility criteria, the application process, and key strategies to win waiver approval.

Under INA § 212(a)(6)(C)(i), foreign nationals are inadmissible if they:
Applicants eligible to apply for a 212(i) waiver include those with family-based and employment-based petitions, as well as nonimmigrant K and V visas.
Additionally, INA § 212(a)(6)(C)(ii) applies to those who falsely claimed U.S. citizenship, barring them from entry. However, there are exceptions, such as minors who reasonably believed they were U.S. citizens due to their upbringing.
A retraction is a withdrawal of a false statement. A timely and voluntary retraction may remove the grounds for inadmissibility if made at the first opportunity (e.g., during an interview with a USCIS officer before any official finding of fraud or misrepresentation).
The Immigration and Nationality Act (INA) Section 212(a)(6)(C)(i) states that any alien who obtains or attempts to obtain a visa or immigration benefit through fraud or willful misrepresentation of a material fact is inadmissible.
For inadmissibility under this section, the following must be proven:
Misrepresentation that does not pertain to immigration benefits does not trigger inadmissibility under this provision.

While fraud and misrepresentation are serious violations, they are distinct in their legal implications
Many people use the terms “fraud” and “misrepresentation” interchangeably, but in the context of U.S. immigration law, they are not the same. Let’s break it down:
To be found inadmissible for willful misrepresentation, all the following conditions must be met:
For a fraud finding, the government must establish:
Fraud is a more severe violation since it requires proof of intent to deceive, whereas misrepresentation does not require intent. However, if fraud is established, misrepresentation is automatically included in the finding.
| Category | Fraud | Willful Misrepresentation |
| Definition | Intentional deception for immigration benefits | Providing false information, regardless of intent |
| Intent to Deceive | Required | Not required |
| Government Action | The government official must believe and act on the false representation | No need for the official to act upon it |
| Example | Using a fake passport to enter the U.S. | Lying about employment history on a visa application |
Regardless of the distinction, both carry a lifetime bar to U.S. entry without an approved waiver.
If you are accused of misrepresentation or fraud, you may be able to challenge the finding by proving:
A qualified immigration lawyer can provide crucial legal advice, assist in navigating complex processes, and represent you in engagements with immigration authorities to enhance your chances of successfully challenging inadmissibility findings.
Some forms of immigration fraud cannot be waived under the standard provisions discussed in this guide:
Important Note: False claims to U.S. citizenship made on or after September 30, 1996, are not eligible for this waiver.
Recognizing that permanent inadmissibility could lead to family separation and undue hardship, Congress established limited waivers under:
These waivers promote family unity, humanitarian relief, and fairness in the immigration process.

This waiver applies to immigrants seeking adjustment of status, or an immigrant visa (both leading to green cards), or a K-1 fiancee visa, or Temporary Protected Status (TPS), and is granted at the discretion of the Attorney General. Many applicants learn about the need for a misrepresentation or fraud waiver during their immigrant visa interview or adjustment of status interview at the consular office.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) passed in 1996 restricts waivers to applicants who can prove extreme hardship to:
To qualify, the applicant must demonstrate that denial of admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident (LPR) spouse or parent. A waiver can be granted if a lawful permanent resident spouse experiences extreme hardship due to the potential removal of the immigrant. Extreme hardship is defined as something above and beyond what the average person would experience in a similar situation when their immediate relative is barred from re-entering the U.S. for life. Extreme hardship must be demonstrated for U.S. citizen or lawful permanent resident spouses or parents, but not for children.
The qualifying relative will typically need to demonstrate extreme hardship in two scenarios:
Note that hardship to children does not independently qualify but may be considered in relation to the spouse or parent.
Each case is evaluated individually, and hardship must go beyond the standard difficulties of family separation. Key factors include:
Before evaluating a waiver request, an immigration officer must first confirm whether the applicant is inadmissible due to fraud or willful misrepresentation. If inadmissible, the applicant must demonstrate:
For most applicants, a “qualifying relative” must be:
Such waivers are associated with applicants who may have conditional permanent resident status, emphasizing that the validity of the waiver depends on the removal of conditions from their residency status.
Note: U.S. citizen or LPR children do not qualify as “qualifying relatives.”
However, VAWA self-petitioners do not need a qualifying relative. Instead, they may claim extreme hardship to themselves or to a U.S. citizen, LPR, or a qualified alien parent or child.
If you have a prior removal order, you may need an I-212 Waiver (Application for Permission to Reapply for Admission) in addition to the I-601.
The evidence needed to prove a qualifying relationship is similar to that required for family-based visa petitions. This may include marriage certificates, birth certificates, and proof of a genuine relationship.
Applicants must prove that the denial of their admission would cause extreme hardship to their qualifying relative or themselves (for VAWA self-petitioners). Factors considered include:
Important: If the applicant fails to establish extreme hardship, the waiver application must be denied. Before denial, officers may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) to allow applicants to provide additional documentation.
Even if extreme hardship is proven, the officer must assess whether granting the waiver is warranted as a matter of discretion. The decision weighs positive and negative factors: The waiver application process involves demonstrating that the positive factors outweigh the negative factors of the fraud or misrepresentation.
· INS v. Yueh-Shaio Yang (1996) – Established the principle that fraud history significantly impacts discretionary decisions.
· Matter of Cervantes-Gonzalez (1999) – Clarified the role of family ties and extreme hardship in discretionary evaluations.
An applicant in removal proceedings may file Form I-601 and submit supporting documents to the Immigration Court. Testimony from qualifying relatives and witnesses can be presented in court.
The I-601 waiver application is submitted to USCIS, or the Immigration Court, depending on your case:
To avoid delays or denials, include the following evidence:
· Medical records if your qualifying relative has a health condition requiring specialized treatment.
· Consider obtaining an expert opinion from a physician or forensic medical expert to document medical conditions such as severe depression, anxiety.
· Financial records proving economic hardship.
· U.S. State Department country reports and news articles on conditions in your home country.
· Educational and cultural obstacles to relocation.
· Letters from family members, employers supporting your waiver application.
Certified English translations of any foreign-language documents.
For VAWA (Violence Against Women Act) Self-Petitioners, hardship to the applicant or their children is also considered
Processing times vary based on case complexity and USCIS workload. Check the USCIS processing times tool for updated estimates. The processing time for Form I-601 can vary significantly, and if approved, the applicant can continue with their immigration case.
Processing times vary, often taking 6 to 24 months. Expedited processing may be available for cases involving urgent humanitarian concerns.
Unfortunately, INA Section 212(i) states that denials of fraud waivers are discretionary and cannot be appealed. However, under INA Section 242(a)(2)(D), you can challenge the decision in federal court if legal or constitutional questions arise.
You may also wish to pursue a Writ of Mandamus in federal district court to challenge excessive delays in adjudication.
If the applicant has successfully demonstrated extreme hardship and provided compelling reasons for a favorable discretionary decision, the officer may approve the waiver. If not, the waiver is denied.
Humanitarian waivers are available for those fleeing persecution
Refugees and asylees adjusting status may apply for a waiver under INA 209 using Form I-602 if the waiver serves:
A nonimmigrant visa applicant (tourist, student, temporary worker) may seek a waiver even if inadmissible under INA 212(a)(6)(C)(i). This waiver is adjudicated through Customs and Border Protection (CBP) or at a U.S. consulate abroad.
1. What is the purpose of Form I-601?
Form I-601 is used to request a waiver (legal forgiveness) for certain grounds of inadmissibility, including fraud or misrepresentation when seeking a visa or adjustment of status. If granted, the waiver allows an applicant to continue their immigration process despite past misrepresentation. The applicant must provide comprehensive evidence of extreme hardship and a sincere acknowledgment of their past actions to support their application.
2. Who needs to file Form I-601 for fraud or misrepresentation?
Anyone who has been found inadmissible under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA) for fraud or willful misrepresentation when seeking a visa, green card, or another immigration benefit needs to apply for a waiver if they want to continue their application.
3. What counts as fraud or misrepresentation in immigration cases?
Fraud or misrepresentation typically involves intentionally providing false information or omitting material facts to gain an immigration benefit. Examples include:
4. What are the eligibility requirements for a fraud or misrepresentation waiver?
To qualify for an I-601 waiver based on fraud/misrepresentation, the applicant must demonstrate that denial of the waiver would result in extreme hardship to a qualifying relative. A qualifying relative is:
Form I-601 in the Context of Adjustment of Status (Green Card Applications Inside the U.S.)
5. Can I apply for an I-601 waiver while adjusting status inside the U.S.?
Yes, if you are applying for Adjustment of Status (Form I-485) and USCIS finds you inadmissible due to fraud or misrepresentation, you may file Form I-601 to request a waiver. Your green card application will be placed on hold while the waiver is reviewed.
6. What happens if my I-601 waiver is denied during Adjustment of Status?
If your I-601 waiver is denied, your Adjustment of Status application will also be denied, and you may be placed in removal proceedings. You may have the option to appeal or reapply with stronger evidence of extreme hardship.
7. Can I stay in the U.S. while my I-601 waiver is pending?
If you have a pending Adjustment of Status application (Form I-485), you can typically remain in the U.S. while your I-601 waiver is under review. However, if you travel outside the U.S. without Advance Parole, you may be denied reentry.
Form I-601 in the Context of Immigrant Visas (Consular Processing)
8. Can I apply for an I-601 waiver from outside the U.S. after an immigrant visa denial?
Yes. If you apply for an immigrant visa abroad (through consular processing) and are found inadmissible for fraud/misrepresentation, the consular officer will provide a written notice of inadmissibility. You can then submit Form I-601 to USCIS, and if approved, the waiver will allow you to continue the visa process.
9. How long does it take to process an I-601 waiver for consular processing?
Processing times vary but typically range from 6 months to over a year. The speed of processing depends on workload, the complexity of the case, and the service center handling the waiver.
10. What happens if my waiver is approved while I am outside the U.S.?
Once USCIS approves your I-601 waiver, the consular office will resume processing your visa application. If there are no other issues, you should receive an immigrant visa, allowing you to travel to the U.S. as a lawful permanent resident.
Form I-601 in the Context of K-1 Fiancé(e) Visas
11. Can a K-1 visa applicant apply for an I-601 waiver?
Yes, if a K-1 fiancé(e) visa applicant is found inadmissible due to fraud or misrepresentation, they must file an I-601 waiver. However, since a K-1 visa does not confer immigrant status directly, the waiver must be approved before the fiancé(e) can receive the visa.
12. Does my U.S. citizen fiancé(e) count as a qualifying relative for the waiver?
No, a U.S. citizen fiancé(e) does not qualify as a qualifying relative for an I-601 waiver. The waiver requires extreme hardship to a U.S. citizen or LPR spouse or parent. Therefore, many K-1 applicants marry their petitioning fiancé(e) and then apply for a waiver based on their spouse’s hardship.
Form I-601 in the Context of Temporary Protected Status (TPS)
13. Can TPS applicants apply for an I-601 waiver for fraud/misrepresentation?
Yes, TPS applicants found inadmissible for fraud/misrepresentation can file an I-601 waiver. However, TPS does not lead to a green card, so approval of the waiver only allows the applicant to remain in TPS status.
14. Does an approved I-601 waiver for TPS help me get a green card later?
No, an I-601 waiver granted for TPS only applies to that specific application. If the applicant later applies for a green card, they may need to file a new waiver, as USCIS evaluates waivers on a case-by-case basis.
Other Important Considerations
15. How do I prove extreme hardship for an I-601 waiver?
Extreme hardship is the most critical factor in getting an I-601 waiver approved. Examples of hardship include:
16. Can I file both I-601 and I-212 waivers at the same time?
Yes, if you are also inadmissible due to a prior removal order, you may need to file Form I-212 (Permission to Reapply for Admission) in addition to Form I-601. Both can be filed together for concurrent processing.
17. Can I appeal a denied I-601 waiver?
There is no appeal process for I-601 denials. However, you may file a motion to reopen or reconsider with USCIS if you believe the decision was incorrect. Alternatively, you can submit a new waiver application with stronger evidence.
Navigating the complexities of Form I-601, Application for Waiver of Grounds of Inadmissibility, can be overwhelming. The stakes are high, and a well-prepared waiver application can mean the difference between being reunited with your loved ones in the U.S. or facing a prolonged separation. Given the detailed evidence required—especially in proving extreme hardship—having the right legal guidance is crucial. Immigration services play a vital role in assisting clients with complex legal processes, such as applying for waivers.
At Herman Legal Group, our experienced immigration attorneys understand the challenges that come with an I-601 waiver. With decades of experience, we have successfully helped countless clients overcome inadmissibility issues due to fraud, misrepresentation, unlawful presence, and other grounds. Our team takes a personalized approach, carefully analyzing your case and crafting a compelling legal strategy tailored to your unique circumstances.
✅ Deep Expertise – Our attorneys specialize in complex immigration waivers and have a proven track record of success.
✅ Personalized Case Strategy – We meticulously build your waiver application with strong legal arguments and supporting evidence.
✅ Compassionate Representation – We understand the emotional toll of immigration challenges and work diligently to help you and your family stay together.
✅ Nationwide and International Assistance – Whether you are in the U.S. or abroad, we provide legal guidance for consular processing, adjustment of status, and all aspects of immigration law.
Don’t leave your future to chance—get expert legal assistance from Herman Legal Group. Contact us today to schedule a confidential consultation and take the first step toward securing your I-601 waiver approval.
📞 Call us at: 216-696-6170
📧 Email us at: richardtmherman@gmail.com
🌎 Visit us online to book an appointment
Let us help you turn obstacles into opportunities and guide you toward a successful immigration outcome. Schedule your consultation now!
gn nationals are inadmissible if they:
Applicants eligible to apply for a 212(i) waiver include those with family-based and employment-based petitions, as well as nonimmigrant K and V visas.
Additionally, INA § 212(a)(6)(C)(ii) applies to those who falsely claimed U.S. citizenship, barring them from entry. However, there are exceptions, such as minors who reasonably believed they were U.S. citizens due to their upbringing.
A retraction is a withdrawal of a false statement. A timely and voluntary retraction may remove the grounds for inadmissibility if made at the first opportunity (e.g., during an interview with a USCIS officer before any official finding of fraud or misrepresentation).
The Immigration and Nationality Act (INA) Section 212(a)(6)(C)(i) states that any alien who obtains or attempts to obtain a visa or immigration benefit through fraud or willful misrepresentation of a material fact is inadmissible.
For inadmissibility under this section, the following must be proven:
Misrepresentation that does not pertain to immigration benefits does not trigger inadmissibility under this provision.

While fraud and misrepresentation are serious violations, they are distinct in their legal implications
Many people use the terms “fraud” and “misrepresentation” interchangeably, but in the context of U.S. immigration law, they are not the same. Let’s break it down:
To be found inadmissible for willful misrepresentation, all the following conditions must be met:
For a fraud finding, the government must establish:
Fraud is a more severe violation since it requires proof of intent to deceive, whereas misrepresentation does not require intent. However, if fraud is established, misrepresentation is automatically included in the finding.
|
Category |
Fraud |
Willful Misrepresentation |
| Definition | Intentional deception for immigration benefits | Providing false information, regardless of intent |
| Intent to Deceive | Required | Not required |
| Government Action | The government official must believe and act on the false representation | No need for the official to act upon it |
| Example | Using a fake passport to enter the U.S. | Lying about employment history on a visa application |
Regardless of the distinction, both carry a lifetime bar to U.S. entry without an approved waiver.
If you are accused of misrepresentation or fraud, you may be able to challenge the finding by proving:
A qualified immigration lawyer can provide crucial legal advice, assist in navigating complex processes, and represent you in engagements with immigration authorities to enhance your chances of successfully challenging inadmissibility findings.
Some forms of immigration fraud cannot be waived under the standard provisions discussed in this guide:
Important Note: False claims to U.S. citizenship made on or after September 30, 1996, are not eligible for this waiver.
Recognizing that permanent inadmissibility could lead to family separation and undue hardship, Congress established limited waivers under:
These waivers promote family unity, humanitarian relief, and fairness in the immigration process.

This waiver applies to immigrants seeking adjustment of status, or an immigrant visa (both leading to green cards), or a K-1 fiancee visa, or Temporary Protected Status (TPS), and is granted at the discretion of the Attorney General. Many applicants learn about the need for a misrepresentation or fraud waiver during their immigrant visa interview or adjustment of status interview at the consular office.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) passed in 1996 restricts waivers to applicants who can prove extreme hardship to:
To qualify, the applicant must demonstrate that denial of admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident (LPR) spouse or parent. A waiver can be granted if a lawful permanent resident spouse experiences extreme hardship due to the potential removal of the immigrant. Extreme hardship is defined as something above and beyond what the average person would experience in a similar situation when their immediate relative is barred from re-entering the U.S. for life.
The qualifying relative will typically need to demonstrate extreme hardship in two scenarios:
Note that hardship to children does not independently qualify but may be considered in relation to the spouse or parent.
Each case is evaluated individually, and hardship must go beyond the standard difficulties of family separation. Key factors include:
Before evaluating a waiver request, an immigration officer must first confirm whether the applicant is inadmissible due to fraud or willful misrepresentation. If inadmissible, the applicant must demonstrate:
For most applicants, a “qualifying relative” must be:
Such waivers are associated with applicants who may have conditional permanent resident status, emphasizing that the validity of the waiver depends on the removal of conditions from their residency status.
Note: U.S. citizen or LPR children do not qualify as “qualifying relatives.”
However, VAWA self-petitioners do not need a qualifying relative. Instead, they may claim extreme hardship to themselves or to a U.S. citizen, LPR, or a qualified alien parent or child.
If you have a prior removal order, you may need an I-212 Waiver (Application for Permission to Reapply for Admission) in addition to the I-601.
The evidence needed to prove a qualifying relationship is similar to that required for family-based visa petitions. This may include marriage certificates, birth certificates, and proof of a genuine relationship.
Applicants must prove that the denial of their admission would cause extreme hardship to their qualifying relative or themselves (for VAWA self-petitioners). Factors considered include:
Important: If the applicant fails to establish extreme hardship, the waiver application must be denied. Before denial, officers may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) to allow applicants to provide additional documentation.
Even if extreme hardship is proven, the officer must assess whether granting the waiver is warranted as a matter of discretion. The decision weighs positive and negative factors:
· INS v. Yueh-Shaio Yang (1996) – Established the principle that fraud history significantly impacts discretionary decisions.
· Matter of Cervantes-Gonzalez (1999) – Clarified the role of family ties and extreme hardship in discretionary evaluations.
An applicant in removal proceedings may file Form I-601 and submit supporting documents to the Immigration Court. Testimony from qualifying relatives and witnesses can be presented in court.
The I-601 waiver application is submitted to USCIS, or the Immigration Court, depending on your case:
To avoid delays or denials, include the following evidence:
· Medical records if your qualifying relative has a health condition requiring specialized treatment.
· Consider obtaining an expert opinion from a physician or forensic medical expert to document medical conditions such as severe depression, anxiety.
· Financial records proving economic hardship.
· U.S. State Department country reports and news articles on conditions in your home country.
· Educational and cultural obstacles to relocation.
· Letters from family members, employers supporting your waiver application.
Certified English translations of any foreign-language documents.
For VAWA (Violence Against Women Act) Self-Petitioners, hardship to the applicant or their children is also considered
Processing times vary based on case complexity and USCIS workload. Check the USCIS processing times tool for updated estimates.
Processing times vary, often taking 6 to 24 months. Expedited processing may be available for cases involving urgent humanitarian concerns.
Unfortunately, INA Section 212(i) states that denials of fraud waivers are discretionary and cannot be appealed. However, under INA Section 242(a)(2)(D), you can challenge the decision in federal court if legal or constitutional questions arise.
You may also wish to pursue a Writ of Mandamus in federal district court to challenge excessive delays in adjudication.
If the applicant has successfully demonstrated extreme hardship and provided compelling reasons for a favorable discretionary decision, the officer may approve the waiver. If not, the waiver is denied.
Humanitarian waivers are available for those fleeing persecution
Refugees and asylees adjusting status may apply for a waiver under INA 209 using Form I-602 if the waiver serves:
A nonimmigrant visa applicant (tourist, student, temporary worker) may seek a waiver even if inadmissible under INA 212(a)(6)(C)(i). This waiver is adjudicated through Customs and Border Protection (CBP) or at a U.S. consulate abroad.
1. What is the purpose of Form I-601?
Form I-601 is used to request a waiver (legal forgiveness) for certain grounds of inadmissibility, including fraud or misrepresentation when seeking a visa or adjustment of status. If granted, the waiver allows an applicant to continue their immigration process despite past misrepresentation.
2. Who needs to file Form I-601 for fraud or misrepresentation?
Anyone who has been found inadmissible under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA) for fraud or willful misrepresentation when seeking a visa, green card, or another immigration benefit needs to apply for a waiver if they want to continue their application.
3. What counts as fraud or misrepresentation in immigration cases?
Fraud or misrepresentation typically involves intentionally providing false information or omitting material facts to gain an immigration benefit. Examples include:
4. What are the eligibility requirements for a fraud or misrepresentation waiver?
To qualify for an I-601 waiver based on fraud/misrepresentation, the applicant must demonstrate that denial of the waiver would result in extreme hardship to a qualifying relative. A qualifying relative is:
Form I-601 in the Context of Adjustment of Status (Green Card Applications Inside the U.S.)
5. Can I apply for an I-601 waiver while adjusting status inside the U.S.?
Yes, if you are applying for Adjustment of Status (Form I-485) and USCIS finds you inadmissible due to fraud or misrepresentation, you may file Form I-601 to request a waiver. Your green card application will be placed on hold while the waiver is reviewed.
6. What happens if my I-601 waiver is denied during Adjustment of Status?
If your I-601 waiver is denied, your Adjustment of Status application will also be denied, and you may be placed in removal proceedings. You may have the option to appeal or reapply with stronger evidence of extreme hardship.
7. Can I stay in the U.S. while my I-601 waiver is pending?
If you have a pending Adjustment of Status application (Form I-485), you can typically remain in the U.S. while your I-601 waiver is under review. However, if you travel outside the U.S. without Advance Parole, you may be denied reentry.
Form I-601 in the Context of Immigrant Visas (Consular Processing)
8. Can I apply for an I-601 waiver from outside the U.S. after an immigrant visa denial?
Yes. If you apply for an immigrant visa abroad (through consular processing) and are found inadmissible for fraud/misrepresentation, the consular officer will provide a written notice of inadmissibility. You can then submit Form I-601 to USCIS, and if approved, the waiver will allow you to continue the visa process.
9. How long does it take to process an I-601 waiver for consular processing?
Processing times vary but typically range from 6 months to over a year. The speed of processing depends on workload, the complexity of the case, and the service center handling the waiver.
10. What happens if my waiver is approved while I am outside the U.S.?
Once USCIS approves your I-601 waiver, the consular office will resume processing your visa application. If there are no other issues, you should receive an immigrant visa, allowing you to travel to the U.S. as a lawful permanent resident.
Form I-601 in the Context of K-1 Fiancé(e) Visas
11. Can a K-1 visa applicant apply for an I-601 waiver?
Yes, if a K-1 fiancé(e) visa applicant is found inadmissible due to fraud or misrepresentation, they must file an I-601 waiver. However, since a K-1 visa does not confer immigrant status directly, the waiver must be approved before the fiancé(e) can receive the visa.
12. Does my U.S. citizen fiancé(e) count as a qualifying relative for the waiver?
No, a U.S. citizen fiancé(e) does not qualify as a qualifying relative for an I-601 waiver. The waiver requires extreme hardship to a U.S. citizen or LPR spouse or parent. Therefore, many K-1 applicants marry their petitioning fiancé(e) and then apply for a waiver based on their spouse’s hardship.
Form I-601 in the Context of Temporary Protected Status (TPS)
13. Can TPS applicants apply for an I-601 waiver for fraud/misrepresentation?
Yes, TPS applicants found inadmissible for fraud/misrepresentation can file an I-601 waiver. However, TPS does not lead to a green card, so approval of the waiver only allows the applicant to remain in TPS status.
14. Does an approved I-601 waiver for TPS help me get a green card later?
No, an I-601 waiver granted for TPS only applies to that specific application. If the applicant later applies for a green card, they may need to file a new waiver, as USCIS evaluates waivers on a case-by-case basis.
Other Important Considerations
15. How do I prove extreme hardship for an I-601 waiver?
Extreme hardship is the most critical factor in getting an I-601 waiver approved. Examples of hardship include:
16. Can I file both I-601 and I-212 waivers at the same time?
Yes, if you are also inadmissible due to a prior removal order, you may need to file Form I-212 (Permission to Reapply for Admission) in addition to Form I-601. Both can be filed together for concurrent processing.
17. Can I appeal a denied I-601 waiver?
There is no appeal process for I-601 denials. However, you may file a motion to reopen or reconsider with USCIS if you believe the decision was incorrect. Alternatively, you can submit a new waiver application with stronger evidence.
Navigating the complexities of Form I-601, Application for Waiver of Grounds of Inadmissibility, can be overwhelming. The stakes are high, and a well-prepared waiver application can mean the difference between being reunited with your loved ones in the U.S. or facing a prolonged separation. Given the detailed evidence required—especially in proving extreme hardship—having the right legal guidance is crucial. Immigration services play a vital role in assisting clients with complex legal processes, such as applying for waivers.
At Herman Legal Group, our experienced immigration attorneys understand the challenges that come with an I-601 waiver. With decades of experience, we have successfully helped countless clients overcome inadmissibility issues due to fraud, misrepresentation, unlawful presence, and other grounds. Our team takes a personalized approach, carefully analyzing your case and crafting a compelling legal strategy tailored to your unique circumstances.
✅ Deep Expertise – Our attorneys specialize in complex immigration waivers and have a proven track record of success.
✅ Personalized Case Strategy – We meticulously build your waiver application with strong legal arguments and supporting evidence.
✅ Compassionate Representation – We understand the emotional toll of immigration challenges and work diligently to help you and your family stay together.
✅ Nationwide and International Assistance – Whether you are in the U.S. or abroad, we provide legal guidance for consular processing, adjustment of status, and all aspects of immigration law.
Don’t leave your future to chance—get expert legal assistance from Herman Legal Group. Contact us today to schedule a confidential consultation and take the first step toward securing your I-601 waiver approval.
Call us at: 216-696-6170
Email us at: richardtmherman@gmail.com
Visit us online to book an appointment
Let us help you turn obstacles into opportunities and guide you toward a successful immigration outcome. Schedule your consultation now!
US immigration law excludes certain categories of people from entering the U.S. or, if they are already in the US, from re-entering the U.S. once they leave. The exclusion categories are broad and sometimes vaguely defined (committing a “crime of moral turpitude”, for example, can result in a finding of inadmissibility).
To soften the harshness of these laws, the US allows certain people who would otherwise be inadmissible to petition the US government to waive certain grounds of inadmissibility so that they can freely enter the US, or leave the US without fear that they will be barred from returning.
Filing Form I-601 and Form I-601A represent two alternative ways of seeking a waiver. Remember, however, that a waiver is always discretionary — it can be refused for any reason.
The U.S. imposes numerous grounds for inadmissibility to the United States. Some of these grounds can be applied to anyone seeking entry to the US (except for US citizens and most US permanent residents).
Other grounds apply only to certain classes of people seeking entry. Following is a brief description of the major categories of inadmissibility. It does not cover all possible grounds of inadmissibility, however.
Health Reasons
You can be denied entry to the US on certain medical grounds:
Criminal History or Intent
You will not necessarily be found inadmissible simply for having a criminal record. The types of offenses that might render you inadmissible include:
National Security Reasons
You can be denied entry if you are considered a potential threat to national security due to, for example:
Poverty
A “public charge” is someone who is dependent on government benefits for subsistence, and you can be ruled inadmissible if the US concludes that you are likely to become a public charge while living in the US. This ground for inadmissibility applies mainly to people seeking family-based immigration benefits.
Lack of Labor Certification
Labor certification is a conclusion by the Secretary of Labor that your employment in the US will not adversely affect US workers and that there is a shortage of qualified US workers for your position. It is a requirement for certain types of visas, and you can be ruled inadmissible for failing to obtain it.
Immigration Fraud
You can be found inadmissible for fraud or misrepresentation of a “material” (significant) fact during the immigration process.
Immigration History
You can be found inadmissible due to prior deportations or unlawful presence (undocumented immigrant status, for example). If you overstayed your previous US visa for more than six months, for example, and then left the US, you could be barred from returning under the 3/10 year bar. Under the 3/10 year bar:
Other Grounds
Some grounds for inadmissibility cannot be easily classified. These include grounds such as polygamy and renouncing your US citizenship for tax reasons. For a more comprehensive listing of the grounds of inadmissibility see our article Grounds of Inadmissibility.
Unwaivable” Grounds for Inadmissibility
In some cases, unfortunately, it is impossible to obtain a waiver of inadmissibility. Following is an incomplete list of the many grounds for which inadmissibility may not be waived:
To be eligible to file Form I-601:
Documentary Evidence to Support Your I-601 Application
To receive approval of Form I-601, you will need to prove your assertions with documentary evidence. Some of the types of evidence that are commonly used include:
If you accumulate enough unlawful presence in the US to become subject to the 3-year bar (6 to 12 months) or the 10-year bar (over 12 months), your re-entry bar might not directly affect you until you leave the US. One you leave the US, however, you cannot re-enter the country until the bar either expires or is waived. Suppose however, that you wanted to adjust to legal immigration status in the US through sponsorship by a US citizen relative (a spouse, for example)?
Before the I-601A became available, you would have had to leave the US (and thereby trigger the 3-year or 10-year bar), file Form I-601 from overseas, and then wait and hope for the approval of your I-601 application. This could result in painful family separation and extreme hardship on both you and your qualifying relative.
What the I-601A Waiver Does
The I-601A allows you to apply for and receive a waiver after receiving USCIS approval but before you leave the US. In this way you can apply for an immigrant visa at a US embassy or consulate overseas, without fear that you will be subjected to a re-entry bar when you try to return.
The I-601A application is only for people seeking waiver of the 3- or 10-year bar, not for people seeking waiver of other grounds of inadmissibility such as criminal conduct.
I-601A Eligibility Requirements
The following eligibility requirements apply for a Form I-601A application:
Documentary Evidence for I-601A
You will need documentary evidence to support your I-601A application. Examples of such documentation include:
Extreme Hardship – Financial Records
Your application must include a statement explaining why your qualifying relative will suffer extreme hardship if it is denied. Of course, a certain amount of hardship is to be expected under these circumstances. To prove that the hardship would be “extreme”, you will have to show that the hardship would amount to more than what someone would normally experience under these circumstances.
This document must be persuasively written, and it must be carefully structured to meet the appropriate legal standard. It is the most important part of your application. A common mistake here is to present evidence of hardship to you rather than to your qualifying relative. Hardship to you is considered only to the extent that it affects the degree of hardship that would be suffered by your qualifying relative. Below is a list of the types of hardships that you might mention:
Your statement should be supported by as much relevant evidence as possible. This might include personal affidavits, medical records, financial records, educational transcripts, documentary evidence of conditions in your home country, etc. You will also need to submit evidence of your relationship with your qualifying relative — a marriage certificate or birth certificate, for example.
If you file from within the US, the process generally takes four to six months, although processing times vary significantly and are subject to change at any time. If you file from overseas, you can expect to wait six months to a year. If your case is particularly complex or if it depends on assertions that are difficult to verify, the process could take longer than this.
24/7 Support, Just A Call Away!