Who Qualifies for the I-601 Waiver?

The I-601 waiver, officially known as the Application for Waiver of Grounds of Inadmissibility, is designed for individuals who have been found inadmissible to the United States due to certain immigration violations, such as unlawful presence, misrepresentation, or certain criminal offenses. This waiver offers a path to overcome those bars—but only under specific conditions.

Who Qualifies?

To qualify for an I-601 waiver, an applicant must meet the following key criteria:

1. Be Inadmissible for a Waiverable Reason

The applicant must have been found inadmissible to the U.S. under one or more grounds that are eligible for a waiver under U.S. immigration law. Common waiverable grounds include:

• Unlawful presence in the U.S. (overstaying a visa)
• Fraud or willful misrepresentation
• Certain criminal convictions
• Some health-related grounds

2. Have a Qualifying Relative

The applicant must have a qualifying relative who would suffer extreme hardship if the applicant is not allowed to enter or remain in the United States. Qualifying relatives typically include:

• U.S. citizen or lawful permanent resident (green card holder) spouse
• U.S. citizen or lawful permanent resident parent
• In limited cases, a U.S. citizen child may be considered for specific grounds (though children are not generally qualifying relatives for most waivers).

Note: Not just any family member qualifies. The waiver is based on the hardship experienced by the qualifying relative, not the applicant.

Also, read >> How Do You Qualify for a Fee Waiver?

3. Prove Extreme Hardship

The applicant must show that their qualifying relative would face extreme hardship if the waiver is denied. Examples include:

• Serious health issues requiring the applicant’s presence
• Financial hardship or loss of income
• Psychological or emotional suffering
• Educational or career disruption

The hardship must go beyond the normal difficulties expected from family separation.

Also, read >> How Legally Binding Is a Waiver? 

4. Be Eligible for the Immigration Benefit

Applicants must also be otherwise eligible for the immigration benefit they’re applying for (e.g., a green card) if the waiver is granted.

Conclusion

Individuals who are inadmissible to the U.S. may qualify for an I-601 waiver if they have a qualifying relative who would suffer extreme hardship due to their absence. Because every case is unique and the legal standards are strict, it’s highly recommended to consult an experienced immigration attorney to assess your eligibility and prepare a strong waiver application.