What Are Immigration Waivers?
Immigration waivers (Forms I-601 and I-601A) allow individuals who are inadmissible to the United States to request forgiveness for certain grounds of inadmissibility. These waivers are essential for people who have unlawful presence, criminal history, fraud, or other issues that would otherwise prevent them from obtaining a green card.
The key to a successful waiver is proving "extreme hardship" to your U.S. citizen or lawful permanent resident spouse or parent if you were denied entry to the United States. This is a high legal standard that requires extensive documentation and a compelling narrative.
I-601 vs. I-601A: What's the Difference?
I-601A Waiver
Provisional Unlawful Presence Waiver
Best for: Individuals with only unlawful presence issues who want to minimize time abroad
I-601 Waiver
Application for Waiver of Grounds of Inadmissibility
Best for: Individuals with multiple inadmissibility issues or those already denied at consular interview
Common Grounds of Inadmissibility
Unlawful Presence
Staying in the U.S. beyond your authorized period triggers a 3-year bar (6-12 months unlawful presence) or 10-year bar (1+ years unlawful presence).
Fraud or Misrepresentation
Providing false information on visa applications, at the border, or to immigration officials can result in a permanent bar.
Criminal History
Certain crimes including crimes of moral turpitude, drug offenses, and aggravated felonies can make you inadmissible.
Prior Deportation/Removal
Being deported or removed from the U.S. can trigger a 5, 10, or 20-year bar, or even a permanent bar in some cases.
Public Charge
Receiving certain public benefits or being unable to financially support yourself can be a ground of inadmissibility.
Health-Related Issues
Certain communicable diseases or failure to show required vaccinations can make you inadmissible.
Proving Extreme Hardship
What is "Extreme Hardship"?
Extreme hardship refers to hardship that is greater than the normal hardship that would be expected if a family member were denied entry to the U.S. It must be hardship to your U.S. citizen or permanent resident spouse or parent (not to you or your children).
USCIS considers the totality of circumstances and looks at the cumulative impact of multiple hardship factors. No single factor is determinative—it's the combination that matters.
Key Hardship Factors
Medical Conditions
- • Chronic or serious health conditions requiring ongoing treatment
- • Mental health issues (depression, anxiety, PTSD)
- • Lack of adequate medical care in home country
- • Need for caregiver support
Financial Hardship
- • Loss of income or employment opportunities
- • Inability to sell property or business
- • Cost of relocation to another country
- • Economic conditions in home country
Family Ties & Separation
- • Close family relationships in the U.S.
- • Caring for elderly or disabled family members
- • Impact on U.S. citizen children
- • Length of residence in the U.S.
Country Conditions
- • Political instability or violence
- • Lack of educational opportunities
- • Religious or ethnic persecution
- • Poor infrastructure or living conditions
Educational Disruption
- • Children's education in U.S. schools
- • Special education needs
- • Language barriers in home country
- • Loss of educational opportunities
Cultural & Social Factors
- • Length of absence from home country
- • Loss of social support network
- • Cultural adjustment difficulties
- • Language barriers
Required Documentation
A successful waiver requires extensive documentation to prove extreme hardship. We help you gather and organize all necessary evidence.
Medical Records & Letters
Doctor's letters, medical records, prescriptions, treatment plans, hospital records, mental health evaluations
Financial Documents
Tax returns, pay stubs, bank statements, property deeds, business records, proof of debts/obligations
Affidavits from Family & Friends
Detailed letters describing the relationship, hardship factors, and impact of separation
Country Condition Reports
State Department reports, human rights reports, news articles about conditions in home country
Educational Records
School records, report cards, IEP documents, letters from teachers/counselors
Personal Statement
Detailed declaration from the qualifying relative explaining all hardship factors
Why Choose Zubkoff Law for Your Waiver?
Waiver Specialists
We focus heavily on complex waiver cases and have extensive experience with extreme hardship arguments.
Comprehensive Packages
We prepare thorough waiver applications with extensive supporting documentation and compelling legal briefs.
Personalized Approach
We take time to understand your unique situation and craft a narrative that resonates with adjudicators.