Immigration Court and Removal / Deportation
Immigration Court and Removal / Deportation
 
Waivers
601 Waiver
A 601 waiver is a type of waiver that is available to certain individuals who would otherwise be ineligible to enter or remain in the United States due to prior immigration violations or criminal convictions. Specifically, the 601 waiver is designed to waive certain grounds of inadmissibility under Section 212(a)(9)(B) of the Immigration and Nationality Act (INA).

Section 212(a)(9)(B) of the INA bars individuals who have been unlawfully present in the United States for certain periods of time from being admitted or readmitted to the country. However, the 601 waiver allows certain individuals who have accrued unlawful presence to seek a waiver of this ground of inadmissibility if they can demonstrate that their removal from the United States would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent.

The 601 waiver is a discretionary waiver, meaning that it is up to the discretion of the U.S. government whether or not to grant the waiver. It is important to note that obtaining a 601 waiver can be a complex and difficult process, and it is highly recommended that individuals seek the assistance of an experienced immigration attorney.
What is the difference between waivers 601 and 601-A?
The 601 waiver is filed outside of the United States and is typically sought by individuals who are already outside of the country and are seeking to return to the U.S. after being found inadmissible due to unlawful presence or other grounds of inadmissibility. The 601 waiver is also available to individuals who are in removal proceedings and are seeking to waive the grounds of inadmissibility in order to avoid being removed from the U.S.

On the other hand, the 601A waiver is filed inside the United States and is specifically designed for certain individuals who entered the United States without inspection and are seeking to adjust their status to that of a lawful permanent resident based on their relationship to a U.S. citizen spouse or parent. The 601A waiver allows such individuals to waive the unlawful presence ground of inadmissibility before leaving the United States to attend their consular interview abroad.
One other key difference between the two waivers is that the 601A waiver requires the applicant to demonstrate that the denial of the waiver would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent, while the 601 waiver does not have this requirement.
 
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