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Qualifying for an I-601 waiver

On Behalf of | Oct 29, 2019 | family-based immigration

Legal immigration is currently one of the most stressful obstacles that migrants tackle in Texas. Worrying about a family member’s immigration status may cause even legal residents and U.S. citizens a lot of stress and sleepless nights. One way migrants may seek to adjust their immigration status is to file an I-601 form. This may provide a waiver against the grounds of inadmissibility.

However, not everyone is eligible to use this. Here are some of the criteria for eligible applicants, according to USCIS:

  • Be in the process of securing lawful presence in the U.S. via a pending case with the Department of State or by pursuing an immigrant visa
  • Ability to show how the refusal of admission may cause hardship to a spouse or parent who is a U.S. citizen
  • Acknowledge a period of unlawful presence that may make it difficult for the person to return to the U.S.
  • Current, physical presence in the United States to file the application and provide biometric data
  • Be 17 years or older

Note that this is just a summary of the criteria and that eligible applicants must meet all criteria to apply. People who have received a final order of deportation or who are already facing a final order of removal may not be eligible. Note that USCIS reserves the right to reject applications when people do not provide the necessary biometrics and if they do not pay the correct fees.

USCIS acknowledges that in spite of the requirement for presence in the U.S., people attempt to file this form from overseas via a U.S. consular, U.S. embassy, USCIS international field office or Lockbox Facility. There are special grounds for when this is acceptable.

This article provides general information on a complex issue related to lawful and unlawful presence as determined by the USCIS. It should not be misconstrued as or used in place of legal counsel.