Why Would an I-601 Waiver Get Denied?
An I-601 waiver can be denied for several reasons, most of which relate to inadequate evidence or failure to meet legal requirements. Understanding these reasons can help applicants avoid common pitfalls and improve their chances of approval.
1. Failure to Prove Extreme Hardship
The most common reason an I-601 waiver is denied is failure to demonstrate extreme hardship to a qualifying relative, which includes a U.S. citizen or lawful permanent resident spouse, parent, or child.
USCIS does not accept normal emotional or financial hardship as sufficient. The hardship must be exceptional, such as:
- A qualifying relative suffering from a serious medical condition
- Financial devastation due to loss of income
- Emotional or psychological trauma
- Dangerous or unstable conditions in the applicant’s home country
If these hardships are not well-documented or clearly explained, the waiver may be rejected.
2. Incomplete or Inaccurate Application
Mistakes in the application—such as missing forms, inconsistent answers, or lack of required signatures—can lead to denial. Applicants must:
- Submit all required documents
- Ensure consistency across forms and statements
- Pay the correct filing fee
Supporting evidence must also be complete, clear, and relevant. Weak or vague documentation often leads to negative outcomes.
3. Lack of Strong Supporting Evidence
Even when hardship exists, failing to provide credible, detailed, and well-organized evidence can result in denial. USCIS expects:
- Medical records
- Psychological evaluations
- Financial statements
- Expert letters or affidavits
The more specific and compelling the evidence, the stronger the application.
4. Unaddressed Grounds of Inadmissibility
If the applicant is inadmissible for reasons beyond those covered by the waiver—such as drug offences, fraud, or criminal convictions not eligible for a waiver—the application will be denied.
Applicants must be honest about all inadmissibility grounds and ensure those issues are either waivable or separately addressed.
Conclusion
Why would an I-601 waiver get denied? Most commonly, it’s due to a lack of extreme hardship evidence, incomplete documentation, or other unresolved inadmissibility issues. To improve approval chances, applicants should present a clear, well-supported case and seek legal guidance when needed.
