Practice areas
Waivers and motions: fixing a denial or a bar
I-601, I-601A and provisional waivers, plus motions to reopen or reconsider.
Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.
Short answer
A waiver asks the government to forgive a ground of inadmissibility, usually unlawful presence, misrepresentation or certain criminal history, normally by proving extreme hardship to a qualifying U.S. relative. A motion asks the same office to reopen or reconsider a decision, and the deadline is short: 30 days from the denial.
Overcome a bar or a denial instead of starting over.
Understanding grounds of inadmissibility
A "ground of inadmissibility" refers to specific circumstances that make an individual ineligible for a visa or green card under U.S. immigration laws. These grounds prevent applicants from entering or adjusting their status in the U.S. The U.S. government enforces inadmissibility to safeguard its citizens and regulate immigration. If an individual is found inadmissible, the U.S. Department of State may deny an immigrant or nonimmigrant visa, U.S. Customs and Border Protection may refuse entry into the country, or the U.S. Department of Homeland Security may deny a change of status request.
Common grounds of inadmissibility include unlawful presence, criminal history, prior immigration violations (such as fraud or misrepresentation), contagious diseases, or failure to meet vaccination requirements. However, certain severe grounds, such as drug trafficking, terrorism, espionage, and membership in Nazi organizations, are not eligible for waivers under any circumstances.
What are forms I-601 and I-601A?
Forms I-601 and I-601A are applications for waivers of inadmissibility. While they serve a similar purpose, they differ in the circumstances under which they can be used.
Form I-601: This form is typically filed by individuals outside the U.S. applying for a waiver after being found inadmissible for a visa. You must demonstrate that your U.S. citizen or lawful permanent resident spouse or parent would experience "extreme hardship" if the waiver is not granted.
Form I-601A: This form is a provisional waiver of unlawful presence. It allows individuals to remain in the U.S. while applying for their waiver, and it can be used if you've accrued unlawful presence in the U.S. but want to apply for your immigrant visa abroad. Like I-601, you must prove that your U.S. citizen or permanent resident spouse or parent would face extreme hardship without the waiver.
Both waivers aim to reunite families by alleviating the consequences of inadmissibility.
How to submit inadmissibility waiver form I-601
Suppose you're outside the U.S., and a consular officer has determined that you are inadmissible for an immigrant or nonimmigrant visa. In that case, you may still be able to file for a waiver using Form I-601. This waiver is filed with U.S. Citizenship and Immigration Services (USCIS) online or by mail. It requires supporting evidence highlighting why the waiver should be granted, especially the extreme hardship your U.S. family member would face.
Once submitted, USCIS will carefully review the application and notify you and the consular officer of their decision. Remember that the process can be lengthy, with an average processing time for Form I-601 between 31.5 and 34 months. If denied, you can appeal by submitting Form I-290B (motion to reopen or reconsider).
Most waivers are valid indefinitely but only for the actions or events detailed in your application. Should new grounds of inadmissibility arise, a new waiver must be filed.
What to do if your inadmissibility waiver is denied
The I-601 waiver process is complex and time-consuming, and processing times can vary based on case specifics and USCIS workloads. Currently, 80% of cases are processed within 22 months. If your waiver application is denied, you still have options. You can appeal or file a motion to reopen or reconsider the decision. Having a skilled immigration attorney can make all the difference in navigating these next steps.
Get the help you need from an experienced immigration attorney
At 360 Immigration Law Group, we have over 30 years of combined experience in U.S. immigration law. Our team can guide you through the intricacies of the I-601 and I-601A waiver processes to give you the best possible chance for success. We offer free consultations via phone, Zoom, or WhatsApp.
Who qualifies?
You have a bar that is waivable
Unlawful presence, fraud and some criminal grounds are; others are not.
You have a qualifying relative
Usually a U.S. citizen or resident spouse or parent, a child is not enough for most waivers.
You can document hardship
Medical, financial, country conditions and family separation evidence.
Or you received a denial within the last 30 days
That is the motion window, and it is unforgiving.
Schedule a case evaluation
Tell us your situation. We will tell you honestly whether you have a case.
Schedule Free Case EvaluationWe reply within 1 business day, in English, Spanish or Portuguese.
Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions. Nothing you answer is stored or sent to us.
What does the process look like?
Diagnose the exact ground
1 to 2 weeks
The waiver you need depends on the precise bar cited.
Build the hardship record
6 to 10 weeks
Medical, psychological, financial and country-conditions evidence.
File the waiver or motion
Filing week
I-601, I-601A, or a motion to reopen or reconsider.
Decision
6 to 20 months
Provisional waivers allow you to wait in the U.S.
How long does it take?
I-601A provisional waivers are currently taking roughly 30 to 44 months, and I-601 waivers 6 to 20 months depending on where they are filed. Motions to reopen are usually decided in 3 to 8 months.
What does it cost?
Depends on the ground and the record.
Waivers are quoted individually because the hardship evidence drives the work. We give you a fixed number before you hire us, and we tell you honestly if the case is not winnable as it stands.
Government filing fees are set by the agencies and are not part of our fee.
Frequently asked questions
More than the ordinary difficulty of separation: documented medical, financial, safety or country-condition harm to your qualifying relative.
Contact
Tell us about your case
Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
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Whether you need help with a visa, a green card, or deportation defense, we're ready to help.
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