JLA Law Group

I-601 and I-601A Waiver Attorneys Serving Norcross and Atlanta, Georgia

Case Evaluation→(770) 609-9396

If you or a family member has been found inadmissible to the United States under INA § 212(a), an I-601 waiver or I-601A provisional unlawful presence waiver may be the path to overcoming that bar and obtaining a green card. Grounds of inadmissibility include unlawful presence (the 3-year and 10-year bars under INA § 212(a)(9)(B)), fraud or misrepresentation (INA § 212(a)(6)(C)), certain criminal convictions, and prior removal orders. The I-601 waiver requires proof that the refusal of admission would result in extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent.

The I-601A provisional unlawful presence waiver, introduced in 2013 and expanded in 2016, allows certain individuals who are present in the United States and are immediate relatives of U.S. citizens or have an approved immigrant visa petition to apply for the unlawful presence waiver before departing for their consular interview abroad. This dramatically reduces the risk and time of family separation. Approval of the I-601A means the applicant can attend the consular interview with reasonable confidence that the unlawful presence ground will be waived. The extreme hardship analysis follows factors established in Matter of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999), including health conditions, financial impact, educational disruption, and country conditions.

At J. Lee & Associates, we have extensive experience preparing I-601 and I-601A waiver applications with comprehensive hardship packages. Each case requires meticulous documentation of the qualifying relative's circumstances and how denial would affect them. We serve Norcross, Gwinnett County, and the greater Atlanta metro area. Our bilingual attorneys guide families through every step of the waiver process.

Steps You Should Take

1

Determine Your Ground of Inadmissibility

Our attorneys analyze your immigration history to identify the specific ground of inadmissibility and whether the I-601 or I-601A waiver applies. This includes reviewing prior entries, departures, and any immigration violations.

2

Build a Comprehensive Hardship Package

We compile medical records, financial documentation, psychological evaluations, country condition reports, and personal declarations to demonstrate extreme hardship to your qualifying U.S. citizen or LPR spouse or parent.

3

File the Waiver Application

We prepare and file the I-601 or I-601A with USCIS, including all supporting evidence. For I-601A cases, we ensure the underlying immigrant visa petition (I-130) is approved and the case is documentarily qualified before filing.

4

Call JLA for a Waiver Consultation

Call (770) 609-9396 to speak with a bilingual immigration attorney about your waiver options. Early preparation and a strong hardship package are the keys to a successful outcome.

Frequently Asked Questions

What is the difference between the I-601 and I-601A waiver?
The I-601 is the standard waiver of inadmissibility, filed from outside the United States at a consulate or with USCIS. The I-601A is a provisional waiver specifically for the unlawful presence ground (the 3/10-year bars), filed from within the United States before departing for the consular interview. The I-601A reduces the risk of being stuck abroad while waiting for a waiver decision.
What does 'extreme hardship' mean for a waiver application?
Extreme hardship is hardship that goes beyond what would normally be expected from a family separation or relocation. Under Matter of Cervantes-Gonzalez, relevant factors include the qualifying relative's health conditions, financial consequences, disruption to education, and conditions in the applicant's home country. The hardship must be to the qualifying relative (U.S. citizen or LPR spouse or parent), not the applicant.
Who is a qualifying relative for the I-601 or I-601A waiver?
For the I-601A waiver, the qualifying relative must be a U.S. citizen or lawful permanent resident spouse or parent. Children of the applicant, even U.S. citizen children, are not qualifying relatives for this waiver. For the standard I-601, the qualifying relative depends on the specific ground of inadmissibility being waived.
How long does the I-601A waiver take to process?
Processing times vary, but I-601A applications currently take approximately 12 to 36 months. After approval, the applicant must attend a consular interview abroad. We recommend filing with a complete hardship package to avoid requests for evidence (RFEs) that add further delays.
Can I apply for the I-601A if I have a criminal record?
The I-601A is only available to waive the unlawful presence ground of inadmissibility. If you have criminal grounds of inadmissibility, you generally must use the standard I-601 waiver filed from abroad. Some criminal convictions may make you permanently inadmissible with no waiver available. A thorough analysis of your criminal and immigration history is essential before filing.

Applicable Laws

INA § 212(a)(9)(B) / 8 U.S.C. § 1182(a)(9)(B)Three-year and ten-year bars for unlawful presence: the primary ground waived by the I-601A.
INA § 212(i) / 8 U.S.C. § 1182(i)Waiver of fraud or misrepresentation ground of inadmissibility upon showing extreme hardship.
8 CFR § 212.7(e)Regulations governing the I-601A provisional unlawful presence waiver.
Matter of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999)Leading BIA decision establishing the factors for extreme hardship analysis in waiver cases.

Related Services

Tarjeta VerdeLey de InmigraciónResidencia por MatrimonioLey de InmigraciónAjuste de EstatusLey de Inmigración

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
V
VAWA
U
U-Visa
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
C
Cancellation of Removal
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
S
Special Immigrant Juvenile
C
Criminal & Immigration

Case Evaluation

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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