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I-601 VS I-601(a) WAIVERS

When it comes to US immigration, certain situations may require waivers to overcome specific grounds of inadmissibility. Two common waivers are the I-601 and I-601A waivers, each designed to address different circumstances and eligibility criteria. Understanding the differences between these waivers is essential for navigating the complex US immigration process successfully.


I-601 Waiver:


The I-601 waiver, also known as the "Application for Waiver of Grounds of Inadmissibility," is designed for individuals who are either applying for an immigrant visa at a US embassy or consulate abroad or seeking adjustment of status within the United States. This waiver is typically sought when an applicant is deemed inadmissible based on certain grounds, such as immigration violations, criminal convictions, or unlawful presence in the US.

To qualify for an I-601 waiver, the applicant must demonstrate that the denial of their admission to the US would result in extreme hardship to a qualifying US citizen or permanent resident spouse or parent. Preparing a compelling case for an I-601 waiver requires careful documentation and strong evidence of the hardship that would be faced by the qualifying relative if the waiver is not granted.


I-601A Waiver:


The I-601A waiver, or the "Application for Provisional Unlawful Presence Waiver," is specifically designed for certain immediate relatives of US citizens who are present in the US and are ineligible to adjust their status due to unlawful presence. This waiver aims to allow individuals to seek a waiver for their unlawful presence while remaining in the US, reducing the risk of a prolonged separation from their US citizen family member.


To be eligible for an I-601A waiver, the applicant must meet specific requirements, including having an approved immigrant visa petition and proving that their US citizen spouse or parent would suffer extreme hardship if they were separated from them. Unlike the I-601 waiver, which is filed outside the US, the I-601A waiver is filed with the US Citizenship and Immigration Services (USCIS) while the applicant is still in the country.


Key Differences:

The primary difference between the I-601 and I-601A waivers lies in the location of the filing and the eligibility criteria. The I-601 waiver is filed outside the US and applies to a broader range of inadmissibility grounds, while the I-601A waiver is filed within the US and is specific to immediate relatives seeking to waive unlawful presence for adjustment of status.


Navigating the complexities of these waivers can be overwhelming, and proper legal guidance is crucial for a successful application. At QBM Legal, our experienced immigration attorneys have a deep understanding of US immigration laws and regulations. We are committed to assisting you in identifying the appropriate waiver for your unique situation, guiding you through the application process, and ensuring that you present a compelling case for a favorable outcome.


Contact us today for a consultation to discuss your immigration challenges and let us be your trusted advocates in achieving your immigration goals.


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