Waiver - I-601

There are several waivers: for unlawful presence, deportations, crimes, immigration fraud, or use of someone else's fraudulent documents. Waivers are not easy to get approved and have to be VERY well prepared to convince Immigration that you deserve the waiver. They are usually requested with the Form I-601.

Some waivers can be requested within the United States while the applicant is processing their residency. In this way, it avoids the separation of the family. In other cases, the waiver must be requested at the United States Embassy located in the applicant's country of origin, and the applicant will have to wait outside the United States. Waivers can take months and, in some cases, even years. If the waiver is approved, the applicant will be able to obtain residency.

Waivers for unlawful presence are the most common among the community in the United States. The waiver will be granted if the applicant can prove in writing to Immigration that the citizen or resident spouse would suffer extreme hardship if denied.

If the applicant has lived in the United States undocumented, Immigration may require a waiver called I-601 for unlawful presence. In some cases, such waiver may be requested within the United States before leaving the country. In other cases, it has to be requested at the embassy. The applicant will have to wait for months or perhaps years outside of the United States to receive a waiver decision.