Waivers

Services

Reuniting Families Through Proven Legal Waivers

If you or a loved one are facing challenges due to being “inadmissible” to the U.S., there’s still hope. Forms I-601 and I-601A are powerful tools designed to help certain individuals overcome barriers like unlawful presence—a common reason immigration cases are denied. These waivers give you the chance to ask the U.S. government to forgive certain grounds of inadmissibility, so you can move forward with your green card through adjustment of status or consular processing. While some grounds (like serious criminal or security threats) can’t be waived, many individuals—especially those with a U.S. citizen spouse, parent, or child—may qualify if they can show that separation would cause extreme hardship to their loved one. With the right guidance, you don’t have to let a past immigration issue stand in the way of your future.

What are waivers and why do they matter?

If you’ve been told you’re “inadmissible” to the U.S., it doesn’t always mean the end of your immigration journey. The government may block entry to those who overstayed a visa, entered without inspection, or have other legal barriers. But in some cases, you can request forgiveness through a waiver—a formal request asking the U.S. government to overlook certain issues so you can move forward.

The Two Waivers You Should Know About: I-601 and I-601A

There are two main types of waivers used to overcome unlawful presence:

Form I-601: This is called the Waiver of Grounds of Inadmissibility. It’s typically used after a visa has already been denied—often by someone applying from outside the U.S.

Form I-601A: Known as the Provisional Unlawful Presence Waiver, this version is used by individuals who are currently inside the U.S. and want to fix their status before leaving for a visa interview abroad.

Why Would Someone Need A Waiver?

U.S. immigration law states that individuals who have stayed in the country unlawfully for more than 180 days may face serious consequences when trying to re-enter the United States.

An overstay of more than 180 days but less than one year can lead to a 3-year re-entry ban.
An overstay of more than one year can result in a 10-year re-entry ban.

These penalties can prevent people from returning to their loved ones or continuing the immigration process. That’s where waivers come in. I-601 and I-601A waivers exist to request an exception to these rules—but they are not automatic. To be approved, you must show that being denied entry would cause:

Extreme hardship to a qualifying family member who is a:
- U.S. citizen spouse
- Lawful permanent resident parent
- U.S. citizen child

The focus isn’t just on you—it’s on how your absence would affect the people who depend on you most.

What's The Difference Between The Two?

Think of it like this:

I-601 is used after a denial, when you’re already outside the U.S.
I-601A is used before leaving, while you’re still inside the U.S., so you can reduce the amount of time separated from your family.

Both aim to fix the same problem—unlawful presence—but they’re used at different stages in the process.

Can Anyone Apply For A Waiver?

Not everyone qualifies. Waivers are only available for certain types of inadmissibility. If your case involves serious issues like criminal convictions or national security concerns, a waiver might not be available. But for many people, especially those whose absence would seriously affect their U.S. family members, a waiver can be life-changing.

What Happens After You File?

Even if your waiver is approved, you still have to attend an interview at a U.S. consulate outside the country. The good news? Having the waiver approved in advance gives you peace of mind—you’re walking into that interview with a plan, not a question mark.

Bottom Line

A waiver isn’t just paperwork—it’s a lifeline. It could mean the difference between being separated for years and building a life together in the U.S. If you’re unsure whether you qualify or which form is right for you, we’re here to help walk you through every step.