What is the difference between waivers I-601A and I-601?

What is the difference between waivers I-601A and I-601?

If you are not eligible to be admitted in the United States and need to complete a waiver for inadmissibility grounds, call us today at (619) 746-8879

Form I-601 and Form I-601A are similar but with important differences. The first, Form I-601 is the Application for Waiver of Grounds of Inadmissibility and is filed outside of the United States and the second one, Form I-601A is the Application for Provisional Unlawful Presence Waiver and is filed in the US territory.

But, what is a waiver of inadmissibility? Anyone who is not eligible to be admitted into the United States is considered inadmissible and must seek a waiver and get it approved to be able to enter the country.

Who can apply for a waiver of inadmissibility?

The following people can file Form I-601:

• A person applying for a Green Card
  outside from the United States and was found inadmissible after an interview;
• Someone in the United States
  applying for adjustment of status;
• A person who is a K-1, K-2, K-3 or
  K-4 nonimmigrant applicant who is outside of the US and had a Green Card
  interview in which he or she was found inadmissible;
• Someone who is a Temporary
  Protected Status applicant;
• A Nicaraguan Adjustment and
  Central American Act applicant;
• A Haitian Refugee Immigrant
  Fairness Act applicant;
• Someone who is a Violence Against
  Women Act applicant;
• A T nonimmigrant applicant who is
  filing for adjustment of status and is found inadmissible on a ground not
  waived through T nonimmigrant status.

In addition, the grounds of inadmissibility must be:

• Health-related issues;
• Criminal issues;
• Immigration fraud;
• Immigrant Membership in
  Totalitarian Party;
• Smugglers subject to civil
  penalty;
• A 3 or 10-year bar for unlawful
  presence;
• Issues with Temporary Protected
  Status applicant;
• Unlawful presence by NACARA or
  HRIFA applicant;
• Unlawful presence by VAWA
  applicant;
• Issues with a T nonimmigrant
  applicant.

Read more about the I-601 waiver on our website and learn what you need in order to be eligible for the Provisional Waiver for Unlawful Presence.

Main differences between waivers I-601A and I-601

As we said before, these two waivers are fairly similar and the main difference is related to where the forms are filed: outside or inside the United States. Additionally, the US Citizenship and Immigration Services, USCIS, reevaluates the circumstances that surround the act or acts that made the applicant inadmissible in the case of Form I-601.

The USCIS evaluates these circumstances against the hardship created for their relative by their absence. Of course, the more severe the inadmissibility, the greater the burden of proof required. The waiting time for this waiver is usually 12 to 16 months and the cost is around $930.

As for waiver I-601A, the undocumented applicant must prove his/her spouse or parent will suffer extreme hardship if that relative were forced to remain in the U.S. and the applicant departed the U.S. OR the relative had to leave the U.S. and reside in the applicant’s native country with the applicant.  

According to USCIS, “Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.”

So, even though waiver I-601A can be filed in the United States territory, there are circumstances, as explained above, where the person will have to leave the country. For this waiver, as of 2019, the wait time can be up to one year and the cost is $715.

It is always advisable to check the status of your case by logging onto the following website and enter your receipt number: https://egov.uscis.gov/casestatus/landing.do

Preparation is key in these cases as they can be complicated. We encourage you to seek advice from an immigration attorney. At Kannan Law, we are professionals in immigration law in California and we are ready to help. Contact us today!