Individuals who have been deemed inadmissible to the United States may be eligible to apply for an I-601 hardship waiver.  This type of waiver acts to waive certain grounds of inadmissibility and can allow you to obtain an immigrant visa, adjustment of status, and certain non-immigrant statuses. I-601 is the specific United States Citizenship and Immigration Services (USCIS) form that you must file when seeking such a waiver.   

“Hardship” refers to the requirement that you must be able to demonstrate that a “qualifying” U.S. citizen or lawful permanent resident relative will suffer extreme hardship should the U.S. government decide not to grant the waiver, resulting in you having to live apart from your relative. The definition of a “qualifying relative” will differ depending on the waiver category. If you have questions about whether your relative meets such requirements, a knowledgeable Dayton asylum attorney at Law offices of Varun Luthra can help.

The I-601 waiver covers several grounds of inadmissibility, ranging from certain criminal-related grounds, to immigration fraud and misrepresentation, to previous unlawful presence in the United States.  In determining whether an “extreme hardship” exists that is sufficient to waive inadmissibility, USCIS will consider many different factors, including: health (medical treatment), financial, educational, and personal considerations along with other “special factors,” such as cultural, language, religious and ethnic obstacles, or valid fears of persecution or physical harm.