Difference Between the I-601 and the I-601A Waiver 

Immigrants seeking permanent resident status, or a U.S. “green card” must meet specific criteria under United States Citizenship and Immigration (USCIS) guidelines. If your entry or reentry to the U.S. is denied, waiving your grounds for inadmissibility may be possible. Learn about I-601 and I-601A waivers, how they differ, and who qualifies for each.  

If you are facing an immigration challenge, trust Miami immigration appeals attorneys at Bassey Immigration Law Center, P.A., to explore all possible solutions to reach a positive outcome. Schedule an affordable consultation to get started today.  

What Are the Grounds for Inadmissibility?  

Individuals who are “inadmissible” are not permitted to enter or remain in the U.S. under certain grounds listed in the Immigration and Nationality Act.  

These grounds can be grouped into a few general categories. Individuals may be inadmissible due to the following:  

• Health: including those with a communicable disease or individuals who do not obtain the necessary vaccinations.  
• Criminal reasons: includes substance abuse law violations, crimes involving moral turpitude, human trafficking, and applicants with multiple criminal convictions.  
• National security reasons: individuals suspected of entering the U.S. to engage in terrorism or unlawful activity against the government. 
• Likelihood of becoming a public charge: someone who may become dependent on the government based on age, health, employment, and other factors.  

• Lack of labor certification: immigrants are not permitted to work in the U.S. if employment would adversely impact U.S. workers or if native workers are available to perform these jobs. 
• Fraud or misrepresentation: individuals who willfully misrepresent facts or falsify immigration documents.  
• Prior removals/unlawful presence: inadmissibility for individuals who remain in the U.S. longer than 180 days (about 6 months) without documentation and those who have been removed or deported.  
• Miscellaneous grounds of inadmissibility include persons entering the U.S. illegally, student visa abusers, and individuals who failed to attend immigration/removal hearings. 

In some circumstances, you can file Form I-601 or Form I-601A to waive your specific grounds for inadmissibility and regain the right to seek a green card.   

I-601 Waiver  

With a few exceptions, the I-601 waiver can be filed for a wide range of inadmissibility grounds. The goal is to convince USCIS to reevaluate your request and why you were considered inadmissible.  

Along with Form I-601, you should provide extensive documentation to justify the waiver. The evidence should specifically relate to your grounds for inadmissibility. It’s also helpful to show how an immediate relative will experience extreme hardship if you cannot enter or remain in the U.S.  

An immigration waiver lawyer at Bassey Law can evaluate your situation, determine if requesting a waiver makes sense, and help prepare your documentation. As noted above, waivers are not available to everyone. You cannot use Form I-601 if you were denied for drug trafficking, drug abuse, espionage, sabotage, terrorism, or participation in genocide.  

I-601A Waiver  

Unlike Form I-601, the I-601A Waiver Grounds for Inadmissibility only applies to one ground for inadmissibility: unlawful presence.  

Unlawful presence is when a person is in the U.S. without the proper documents, like a visa or Green Card. It is also considered being admitted or paroled or when they are not in a “period of stay authorized by the Secretary.” Depending on the circumstances, the penalty for unlawful presence may include a three-year, ten-year, or even permanent bar from returning to the U.S.  

If you are eligible, you can file an I-601A waiver and wait for it to be processed in the U.S. Once the waiver is approved, you can return to your home country and proceed with consular processing to obtain your immigrant visa. 

Generally, to qualify for an I-601A waiver, you must:  

• Be age 17 or older 
• Be currently in the U.S.  
• Complete Form I-601A 
• Provide biometrics  
• Have a pending immigrant visa application 
• Not have additional or new inadmissibility grounds  

If you have additional grounds for inadmissibility besides unlawful presence, you may need additional waivers. However, an I-601A approval is typically a good sign that an I-601 waiver will also be approved. To avoid unwelcome surprises, always be transparent with your Florida immigration lawyer so they can recommend the appropriate guidance for your situation.  

For example, if you are approved for I-601A and you leave the country to start the visa process, and another ground for inadmissibility is discovered, your I-601A approval may be rescinded. In that case, you must file an I-601 for the new grounds and unlawful presence.  

Miami Immigration Appeals Attorneys at Bassey Immigration Law Can Help  

While numerous grounds exist for inadmissibility, only a few can be waived. Our immigration appeals legal team carefully reviews your case to determine if you qualify for a waiver. If so, we lead you through the process to prevent delays and errors that can jeopardize your case—and your immigration status.  

Florida immigration waiver lawyers at Bassey Immigration Law Center know the law and have helped clients like you overcome similar immigration challenges. Schedule an appointment to learn how we can support you. With offices in Tampa and Clearwater, we proudly assist clients across Florida.