Solovyova Law Firm
I-601A | A Path Forward for Families Separated by Immigration Law
601A Waiver for Unlawful Presence in the U.S.
The 601A Waiver, also referred to as the I-601A Waiver or I 601A Waiver, offers a critical lifeline for undocumented immigrants who are married to, or the children or parents of, U.S. citizens or lawful permanent residents. For those who entered the United States without inspection or overstayed their visa, adjusting status can feel impossible due to harsh immigration penalties.
Under current law, these individuals are often required to leave the U.S. and apply for a visa abroad. However, doing so can trigger a 3- or 10-year bar from reentering the country. The 601A Waiver was created to prevent this heartbreaking separation. By applying for this provisional waiver before leaving the U.S., eligible immigrants can remain with their families while they wait for a decision. Once approved, they may travel briefly to their home country for a consular interview without the devastating risk of being barred from returning.
Who Is Eligible to Apply for the I-601A Waiver?
Not everyone can apply for a 601A Waiver. It is specifically available to individuals who:
Are physically present in the United States
Have an approved immigrant visa petition (Form I-130 or I-140)
Have a qualifying relative (U.S. citizen or green card holder spouse or parent)
Only U.S. citizen or green card holder spouses or parents are qualifying relatives — hardship to children alone is not enough.
- Have only unlawful presence as your ground of inadmissibility
Eligible applicants typically include:
Spouses of U.S. citizens or green card holders
Parents of adult U.S. citizens
Some adult children of U.S. citizens or lawful permanent residents
Important: The waiver only covers inadmissibility due to unlawful presence under INA §212(a)(9)(B)**. People with other issues (e.g., criminal records, fraud, prior deportations) may not be eligible. This is especially important to stress because many applicants might not realize they have other inadmissibility grounds.
Understanding the Importance of Family Ties
The 601A Waiver process centers around preserving family unity. Applicants must prove that their qualifying relative would face serious, long-term hardship if they were separated. U.S. immigration law recognizes the vital role that family members play in one another’s emotional, financial, and physical well-being.
Although hardship to children alone doesn’t meet the legal standard, their needs can still be part of a broader argument showing how the qualifying spouse or parent would suffer.
What Counts as Extreme Hardship?
Not all difficulties qualify as “extreme.” The law requires a higher level of hardship than the normal pain of separation. Below are examples of factors that may support a strong 601A Waiver case:
Financial Hardship
Loss of income that supports the household
Risk of losing housing or healthcare
Inability to pay for the care of children or elderly parents
Emotional and Psychological Hardship
Worsening of pre-existing mental health conditions
Dependency due to past trauma, addiction, or emotional vulnerability
Severe impact on the family structure or support system
Medical Hardship
The qualifying relative has a serious illness or disability and relies on the applicant for daily care
Loss of the applicant would disrupt ongoing medical treatment or rehabilitation
Educational or Developmental Hardship
A child or spouse’s educational progress would be severely affected
Single parenting would hinder a spouse’s ability to work or study
Real-Life Examples of 601A Waiver Applicants
Every immigration journey is unique, and a strong 601A Waiver case often relies on demonstrating real emotional and financial hardship. Below are a few real-life examples to help you understand the types of situations that can qualify. You can explore more client success stories or review a detailed 601A waiver success case to see how compassionate advocacy makes a difference.
- Loretta & Lorenzo: Loretta entered the U.S. without inspection and married Lorenzo, a green card holder who suffered a serious work injury. He now depends on her for income and help with their young children. Loretta qualifies by proving Lorenzo’s hardship.
- Enrique & Lula: Enrique overstayed a tourist visa. His wife, Lula, struggles with depression and unemployment after giving birth. Enrique can show both emotional and financial hardship.
- John & José: José entered the U.S. unlawfully and now runs a small business with his husband, John, a U.S. citizen who has battled addiction. Their emotional and financial bond supports a strong waiver case.
Who Is Not Eligible for the I-601A Waiver?
Unfortunately, not all individuals qualify. Some examples include:
- Mary, who entered using someone else’s passport. This is considered fraud and is not forgiven by the 601A Waiver.
- Diego, who has a criminal conviction for marijuana possession. Despite having U.S. citizen parents and a disabled child, he is ineligible because the waiver does not cover criminal issues.
If you have concerns about fraud, removal orders, or criminal history, consult with an attorney about alternative options or additional waivers that may apply.
Frequently Asked Questions About the 601A Waiver
How Long Does It Take To Get A Decision On A 601A Waiver?
Processing times for a 601A Waiver can vary, but it typically takes 6 to 18 months from the time you file. Delays can happen depending on the strength of your application and current USCIS backlogs.
Do I Have To Leave The U.S. For A Green Card Interview After My 601A Waiver Is Approved?
Yes. Even after the waiver is approved, you must attend a visa interview at a U.S. consulate in your home country. The 601A Waiver allows you to leave temporarily without triggering a long-term reentry ban.
Can I Include My Children In The Same 601A Waiver Application?
No. Each person must apply for their own 601A Waiver. However, your children’s circumstances can sometimes help show that your spouse or qualifying relative would suffer extreme hardship.
Does The 601A Waiver Forgive Criminal History Or Prior Fraud?
No. The 601A Waiver only forgives unlawful presence. It does not cover past immigration fraud, criminal convictions, or deportation orders. You may need other waivers in addition.
Do I Need A Lawyer To Apply For A 601A Waiver?
While not legally required, working with an experienced immigration attorney can significantly increase your chances of success. A lawyer can help build a compelling hardship case and guide you through the consular process.
Why Legal Help Matters
Preparing a 601A Waiver application is complex and deeply personal. You need to show more than paperwork—you must tell a compelling, truthful story about how your absence would devastate your family. An experienced immigration attorney can:
Assess your eligibility
Help gather strong evidence of hardship
Prepare a detailed legal argument
Guide you through consular processing
At the Law Office of Sophia Solovyova, we understand how much is at stake. As an immigrant herself, Sophia brings not only legal skill but compassion and clarity to every case. We help you tell your story and fight for the future your family deserves.
Client Testimonials
Ready to Take the First Step?
You don’t have to face this alone. If you believe you may qualify for a 601A Waiver, we invite you to schedule a consultation. We’ll take the time to understand your situation, explain your options, and help you plan your next steps.
Schedule a Consultation:
- Phone: 212-379-6471
- Email: sophia@solovyovalawfirm.com
- Address: 75 Broad St. Suite 2120, New York, N.Y. 10004
We offer initial consultations via Zoom or phone to accommodate your needs. Visit our Contact Us page to book your consultation today.
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"Recently I’ve received my green card and I’m grateful to my attorney Sophia Solovyova. She is so professional and responsible. My case was very complicated but she did it excellent."
Olha Khromov