I-601 vs I-601A Waiver: What Is the Difference?

Many people run into trouble when pursuing their green card because they have been living unlawfully in the United States, making them inadmissible to adjust their immigration status. If you are only inadmissible because of your unlawful presence, an I-601A waiver may allow an approved petition for green card status.

On the other hand, if you are ineligible for any other reason, you may also need to file more than one waiver. More than one form I-601 may need to be filed and approved when you try to adjust status or during consular processing. For help knowing which form you need and to get the best chances of approval, you should hire an experienced immigration attorney like the one at our law firm. Call us today to see how we can help you!

What is Form I-601?

Immigrants seeking to adjust their status who would be inadmissible may submit a Form I-601 to waive the reason preventing them from achieving their immigration goals. Please note that not all grounds of inadmissibility are waivable. You should seek professional legal counsel for your unique situation.

Some examples of conditions that could be waived using Form I-601 are:

• Inadmissibility due to criminal activity
• Inadmissibility due to immigration fraud
• Health-related grounds of inadmissibility
• Aliens previously removed
• Foreign nationals who have unlawful presence after violating immigration law
• Inadmissibility due to the 3-year or 10-year bar for unlawful presence
• Inadmissibility due to membership in a totalitarian party
• Inadmissibility because of immigrant smuggling

What is the I-601A Waiver?

The I-601A waiver is much smaller in scope because the only ground of inadmissibility it removes is that of unlawful presence. Many immigrants do not travel outside the country because they fear they will not be able to return to their families since they do not have a lawful presence yet. Some illegal immigrants are separated from their loved ones for three to ten years, waiting for approval to reenter. This program encourages the immigrant to file for an unlawful presence waiver while physically present in the United States, with limited exceptions.

Should You Hire Our Immigration Lawyer?

When you run into trouble gaining lawful permanent residency in the United States, you really can’t afford to go it alone. Every situation is different, so you should speak with a knowledgeable immigration attorney right away to find out what the best path is for you and your family.

At our law firm, we have nearly 30 years of experience helping unite families in the United States. We know how tricky it can be to determine which form to submit and how to provide adequate evidence so your application is approved. Rely on our experience, honesty, and dedication to give you the possible chance of success for your case. Call us today to schedule a consultation and discuss the details of your circumstances at 312-728-4610.