Not everyone can use an I-601 waiver
to cure immigration problems
Immigration waiver I-601 is not available for all cases
Certain individuals cannot obtain an I-601 waiver due to facts in their immigration history which preclude a waiver from applying to their cases. An individual is not eligible for a waiver under the following circumstances:
The individual is subject to the permanent bar due to:
- Unlawful presence in the United States for more than one year after April 1, 1997 followed by a departure from the United States and a return to the United States without inspection; or
- Removal from the United States after April 1, 1997 and a return to the United States without inspection.
- The individual has falsely claimed to be a United States citizen unless a limited exception applies. This very narrow exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 applies, in the case of an alien making such a representation, if:
- Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
- The alien permanently resided in the United States prior to attaining the age of 16; and
- The alien reasonably believed at the time of making such representation that he was a citizen;
- The individual has been a member of a criminal gang.
The individual has a controlled substance conviction or a guilty plea, even if subsequently dismissed due to completion of an ARD, etc., for any substance other than simple possession of less than 30 grams of marijuana for personal use; - The individual failed to attend a removal hearing in the United States and has not been outside the United States for five years;
- The individual has a previous finding of marriage fraud in a prior immigration application; or
- The individual previously filed for asylum and the application was found to be a frivolous asylum application.