An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility.
The waiver is contingent on a qualifying U.S. citizen or Legal Permanent Resident Spouse, Parent or child. The qualifying relative must demonstrate that the bar to admission imposes an extreme hardship on the relative. If the hardship is established, the applicant is statutorily eligible for a waiver and USCIS then assess whether the favorable exercise is warranted.
There are several ways to demonstrate Extreme Hardship. Pursuant to Matter of Cervantes-Gonzales, the factors deemed relevant in determining extreme hardship to a qualifying relative include, but are not limited to, the following:
• The presence of lawful permanent resident or USC family ties in the U.S.;
• The qualifying relative’s family ties outside the U.S.;
• The conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries;
• The financial impact of departure from this country; and
• Significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.
There are also many other factors which can be considered before a waiver is approved.
Overall, an I-601 Waiver should be thoroughly documenting all hardship.