Waiver of Inadmissibility, Explained

What Is The Waiver of Inadmissibility in 2025?

When certain grounds of inadmissibility, conduct or other circumstances prevent a non-citizen from being otherwise admissible, he or she may be granted admission to the U.S. by applying for a Waiver of Grounds of Inadmissibility (Form I-601). An approval of Form I-601 allows a foreign-born citizen to either seek lawful entry to the United States as a nonimmigrant, make an adjustment to his or her status, become a lawful permanent resident, or to immigrate to the U.S.

In order to qualify, the applicant must have one or more qualifying relatives through which he or she is requesting the waiver. Qualifying relatives include a U.S. citizen or Lawful Permanent Resident (LPR) spouse, parent or child of the applicant. As visas for fiancés(es) (K visa) are exempt from this requirement, applicants must simply prove that the petitioner is a U.S. citizen.

Form I-601 is for applicants applying from abroad, while applicants already inside the U.S. will need to use Form I-601A.

Form I-601A differs from I-601 in that the individual has either overstayed their lawful stay, or has entered the U.S. illegally. Here, we provide information about both forms, including the documents required for each.

Key Points You Should Know About the Waiver of Inadmissibility

1. Waivers of Inadmissibility allow otherwise inadmissible foreign nationals to seek entry, adjust status, or become lawful permanent residents in the U.S.
2. There are two forms for Waivers of Inadmissibility:
   • Form I-601 is used when applying from outside the U.S.
   • Form I-601A is used when the applicant is already inside the U.S. and entered unlawfully, overstayed their visa, or lived without a valid visa or green card.
3. Qualifying relatives for the waiver include a U.S. citizen or LPR spouse, parent, or child. For K visas, the petitioner must be a U.S. citizen.
4. Grounds for a waiver include health issues, vaccination exemptions, mental disorders, immigration fraud or misrepresentation, totalitarian party membership, smuggling, civil penalties, unlawful presence bars, and certain criminal grounds.
5. Form I-601 is used when applying for a K or V visa, adjustment of status, TPS, VAWA, T nonimmigrant status, or SIJ status.
6. Form I-601A initial requirements: physically present in the U.S., 17+ years old, have a 3 or 10-year unlawful presence bar, and have a pending immigrant visa case with DOS.
7. Supporting documents include copies of passports, birth certificates, visas, I-94, proof of qualifying relative's legal status, marriage certificates, photos, and evidence specific to the waiver grounds. Processing time for Form I-601 is typically 31.5 to 34 months.
8. Fees:
   • Form I-601 filing fee: $1,050
   • Form I-601A filing fee: $795

Understanding Waivers of Inadmissibility

There are two different inadmissibility waivers, though they accomplish the same objective – to request the U.S. government to forgive and forgo its previous ruling that the applicant was ineligible to enter the U.S. They are Forms I-601 and I-601A. Though there are only some visa categories under which a foreign national can apply for a waiver, the Immigration and Nationality Act (INA) has established allowable reasons for doing so, which are expanded upon below.

Form I-601

Form I-601 is used when the applicant is petitioning for the waiver from abroad. Especially when a consular officer has informed him or her that they are eligible to apply for the waiver. Submitting an I-601 can be done by mail or online. 

Filing a I-601 waiver can be done when the applicant applies for any of the following:

• K or V visa
• Adjustment of Status (AOS) to become a lawful permanent resident (LPR)
• Temporary Protected Status (TPS)
• AOS under the Nicaraguan Adjustment and Central American Relief
• Violence Against Women Act (VAWA), or the dependent of a VAWA self-petitioner
• AOS for a T nonimmigrant status
• AOS for a Special Immigrant Juvenile (SIJ)

After the United States Citizenship and Immigration Services (USCIS) adjudicates the I-601 application, a USCIS officer will inform the applicant as well as the consular officer of their final decision. 

The processing time for Form I-601 typically takes 31.5 to 34 months.

If a denial has been issued, the applicant may choose to submit an appeal, a motion to reopen the case or a motion for a decision reconsideration. This can be done by submitting a Notice of Appeal or Motion (Form I-290B).

The fee to file an I-601 is $1,050.

A note about form edition for Form I-601: It is important to use the most recent form when filing applications with the USCIS. The most up-to-date version for the I-601 is 04/01/24. The edition date can be found at the bottom of the form pages.

Note: If the applicant was deported or removed from the U.S., he or she will need to file an Application for Permission to Reapply for Admission into the United States After Deportation or Removal (Form I-212). 

Form I-601A

Conversely, Form I-601A is used when the applicant is already inside the U.S., and who entered the country unlawfully. Especially when he or she was banned from re-entering the U.S., has overstayed their visa or has lived in the U.S. without a valid visa, green card or U.S. citizenship. 

The fee to file an I-601A is $795.

Those filing a I-601A must also meet the following initial requirements:

• Physically present in the U.S.
• Aged 17 years or older (at the time he or she files their application)
• Have a 3-year or 10-year bar based on previous unlawful presence
• Have an immigration visa case currently pending with the U.S. Department of State (DOS)

As some waivers are conditional or temporary, it is crucial to refer to the form instructions for validity periods.

Qualifying Grounds for a Waiver of Inadmissibility

Foreign nationals who’ve been found inadmissible during their consular interview may qualify for a waiver based on the following grounds:

• Health-related inadmissibility due to a communicable disease such as Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis, and/or leprosy
• Vaccination exemption(s) for religious or moral reasons
• Physical or mental disorder(s) associated with harmful behavior that threatens, has threatened, or will threaten the safety, property or welfare of the applicant and/or others
• Immigration fraud 
• Immigration misrepresentation
• Membership in a totalitarian party
• Smuggling foreign citizens into the U.S.
• Civil penalty(ies)
• 3-year or 10-year bar due to unlawful presence in the U.S.
• Other certain criminal grounds of inadmissibility

Waiver of Inadmissibility Document Requirements

The importance of including supporting documents serves as a basis for establishing reasoning behind a Waiver of Inadmissibility. This tells the U.S. government that the petitioner and any additional beneficiaries are of good moral character, with a bona fide circumstance. Or, that extreme hardship will be caused to one or more parties if the waiver is denied. Let’s have a look at the evidentiary documents required for Forms I-601 and I-601A.

Form I-601

Applicants must include the following application documents (for the petitioner as well as the beneficiary) with their Waiver of Inadmissibility application:

• Copy of the passport ID page
• Copy of the birth certificate
• Copy of the U.S. visa ID page 
• Copy of the I-94
• Proof of the qualifying relative’s legal status, such as a copy of their U.S. birth certificate, U.S. naturalization certificate, U.S. passport, or LPR green card
• Copy of the couple’s marriage certificate
• Copies of birth certificates for all children born from the marriage of the petitioner and beneficiary
• Copies of the beneficiary’s previous USCIS documents
• Color copies of photos of the petitioner and beneficiary: together, with friends and/or family, their children, from events, vacations, holidays, school or community events, etc. (include the names, dates and locations of the people and places in and on each picture)

Not all of the following documentary evidence will be required, as each case differs, based on the individual and their circumstances. Therefore, the applicant will be required to provide the following documents, only when it applies to them:

• Evidence establishing why the applicant may qualify for a Waiver of Inadmissibility
• Evidence supporting the claims of extreme hardship 
• Evidence supporting the claims of extreme hardship to a spouse, parent or child and evidence establishing the relationship – this is the same for VAWA self-petitioners
• Evidence supporting the waiver due to a communicable disease
• Evidence supporting the request for a vaccination exemption
• Evidence supporting the waiver due to physical or mental disorders, as well as associated harmful behaviors
• Evidence supporting the waiver of criminal grounds 
• Evidence supporting the waiver for immigration fraud or misrepresentation
• Evidence supporting the waiver based on membership in a totalitarian party
• Evidence supporting the waiver due to the smuggling of foreign nationals
• Evidence supporting the waiver due to being the subject of a civil penalty
• Evidence supporting the waiver of the 3-year or 10-year unlawful presence bar
• Evidence that a waiver is warranted for applicable TPS applicants
• Evidence supporting the waiver based on considerations for reapplication consent or making an adjustment of the applicant’s status 
• Evidence supporting the waiver, indicating the connection between the battery or extreme cruelty, for VAWA petitioners
• Evidence supporting the waiver based on making an adjustment of the applicant’s Special Immigrant Juvenile status

These can be in the form of personal affidavits, birth, marriage or adoption certificates, expert opinions, medical and financial documents, employment-related letters, country conditions reports, and any other evidence that supports a Waiver of Inadmissibility application.

Form I-601A

• Department of State (DOS) Immigrant Visa processing fee receipt (for immediate relatives, family-sponsored and employment-based immigrant visa applicants), must show a payment status of “PAID.”

• Immigrant visa petition approval notice or DOS Electronic Diversity Visa Entrant Status Check printout
• A copy of the Department of Justice (DOJ) EOIR Administrative Closure Order
• A copy of the Notice of Action (Form I-797) indicating approval of the Application for Permission to Reapply for Admission into the United States After Deportation or Removal (Form I-212)
• Evidence of relationship to the qualifying relative
• Evidence of U.S. citizenship or LPR status of the qualifying relative
• Evidence of admission or parole
• Evidence of extreme hardship
• Evidence case warrants a favorable exercise of discretion

Frequently Asked Questions About Waivers of Inadmissibility

Final Thoughts

Waivers of Inadmissibility provide a path for foreign nationals who have been found inadmissible to the U.S. to seek entry, adjust their status, or become lawful permanent residents. By understanding the differences between Forms I-601 and I-601A, the qualifying grounds for a waiver, and the required supporting documents, applicants can navigate the complex process of applying for a Waiver of Inadmissibility. It is essential to use the most current form and provide sufficient evidence to support the waiver request, demonstrating good moral character and extreme hardship if the waiver is denied.