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I-601 Application for Waiver of Grounds of Inadmissibility

Last updated: January 15, 2025

2025 Fee Update

Filing fees for I-601 waivers increased to $1,000 under H.R. 1 legislation effective January 2025. Plan accordingly for the higher cost.

What is an I-601 Waiver?

The I-601 Application for Waiver of Grounds of Inadmissibility allows certain individuals who are inadmissible to the United States to request that USCIS waive specific grounds of inadmissibility. This waiver is typically filed by individuals who are outside the United States or who are in removal proceedings.

The waiver is based on showing that a qualifying U.S. citizen or lawful permanent resident relative would suffer extreme hardship if the waiver is not granted. The standard for "extreme hardship" is higher than the normal hardship that would be expected from family separation.

Eligibility Requirements

To be eligible for an I-601 waiver, you must:

  • Have a qualifying relative who is a U.S. citizen or lawful permanent resident
  • Show that denial of your admission would result in extreme hardship to the qualifying relative
  • Merit a favorable exercise of discretion
  • Be inadmissible on specific grounds covered by I-601

Grounds of Inadmissibility Covered

I-601 covers these inadmissibility grounds:

  • Health-related grounds (medical examinations, vaccinations)
  • Criminal-related grounds (crimes involving moral turpitude, controlled substance violations)
  • Security and related grounds (terrorist activities, foreign policy)
  • Public charge grounds (likelihood of becoming dependent on government benefits)
  • Labor certification grounds (working without authorization)
  • Illegal entrants and immigration violators
  • Documentation requirements violations
  • Ineligibility for citizenship and miscellaneous grounds

Extreme Hardship Standard

Factors Considered

  • Health conditions and access to medical care in home country
  • Financial considerations and economic impact
  • Educational opportunities and disruption
  • Personal considerations (family ties, community ties, length of residence)
  • Special factors (age, language barriers, cultural factors)

Extreme vs. Normal Hardship

Extreme hardship is more than the common hardship associated with family separation. It must be unusual or beyond what would normally be expected. USCIS considers the cumulative effect of all hardship factors.

Required Evidence

Your I-601 waiver application must include:

  • Form I-601 with filing fee ($1,000 as of 2025)
  • Evidence of qualifying relationship (marriage certificate, birth certificate)
  • Medical records and health documentation
  • Financial records and tax returns
  • Educational records and employment history
  • Country condition evidence
  • Psychological evaluations if applicable
  • Supporting affidavits from family and friends

Application Process

1

Determine Eligibility

Confirm you have inadmissibility grounds covered by I-601 and qualifying relatives

2

Gather Documentation

Collect all required evidence of extreme hardship and supporting documents

3

Complete Form I-601

Fill out the application accurately with detailed explanations

4

Pay Filing Fee

Submit $1,000 filing fee (fee increased under H.R. 1 - 2025)

5

Submit Application

File with appropriate USCIS office based on your location and case type

6

Attend Interview

Appear for interview if requested by USCIS

7

Receive Decision

Wait for USCIS decision on waiver application

Processing Information

Processing Time

I-601 waivers typically take 12-24 months to process. Complex cases or those requiring additional evidence may take longer.

Filing Fee

$1,000 filing fee (increased from $930 under H.R. 1 - effective 2025). Fee waivers are not available for I-601 applications.

Important Considerations

Key Points to Remember

  • An approved I-601 waiver does not guarantee admission to the United States
  • You must still complete consular processing or adjustment of status
  • Strong legal representation is highly recommended for waiver cases
  • Gather comprehensive evidence before filing - weak cases are often denied

Official Resources