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We have two office locations in Florida for your convenience.

ST. PETERSBURG, FL., OFFICE:
5505 38th Ave North
St Petersburg, FL., 33710
Phone: (727) 323-8188

VENICE, FL., OFFICE:
1890 South Tamiami Trail Suite A
Venice, FL., 34293
Phone: (941) 447-2885

I-601 Application

Qualifying Grounds of Inadmissibility for the I-601 Application

Immigrants who have been found inadmissible during their consular interview abroad for an immigrant visa classification, the K or V nonimmigrant visa classifications, or aliens found inadmissible for adjustment of status to lawful permanent residence may obtain relief from inadmissibility based on the following grounds as required by INA section 212:

  1. INA section 212(a)(1) Health-related grounds of inadmissibility;
  2. INA section 212(g)(1) Health-related grounds of inadmissibility due to a communicable disease of public health significance defined in 42 CFR 34.2(b) including Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis (infectious), leprosy (infectious), etc;
  3. INA section 212(g)(2)(C) LPR applicants seeking an exemption of a vaccination requirement based on religious beliefs or moral convictions;
  4. INA section 212(g)(3) Physical or mental disorder associated with harmful behavior that poses, has posed, or will pose a threat to your safety, property, or welfare and that of others;
  5. INA section 212(2)(2) Certain criminal grounds of inadmissibility;
  6. INA section 212(a)(6)(c) Immigration fraud and misrepresentation;
  7. INA section 212(a)(3) Immigrant membership in a totalitarian party;
  8. INA section 212(a)(6)(E) Alien smugglers;
  9. INA section 212(a)(6)(F) Aliens subject to a civil penalty;
  10. INA section 212(a)(9)(B) Aliens subject to the 3-year or 10-year bar due to unlawful presence in the United States;

Once again, the quality of evidence of hardship to the qualifying relative is very important to the success of a waiver application. 

What Are the Requirements For Filing an I-601 Application?

The I-601 program applies to some aliens who believe that they are eligible for admission into the United States under certain legal bases of ineligibility. An I-601 Application For Waiver of Grounds of Ineligibility enables an alien to apply for adjustment of status, either permanently or temporarily, to the United States from the country in which they presently reside. This program also provides for the adjustment of status for certain authorized emergency personnel. An alien may also apply for adjustment of status under the program if they are removable from that country under a valid extenuating circumstance.

As part of the pre-determination stage of the I-601 application process, the applicant must provide documentary evidence of their identity and age. At this point the applicant also must provide two initial documents: a complete application for adjustment of status and an application for a lawful permanent resident card. When these initial documents are received by the ALRT, they compare the information provided and finds any inconsistencies with the information provided by the applicant. If the information provided is inconsistent with the records available at the USCIS, the applicant must provide two original documents that reconcile the discrepancies or prove that the records do not reflect the applicant’s accurate records. The second original document is required so that when the application is completed and submitted to the ALRT the agency can make a determination of whether the information provided by the applicant is consistent with the records available at the USCIS.

If the agency determines that the applicant is eligible for adjustment of status and for a lawful permanent residency, then the next step is to determine whether the applicant possesses the three-year or ten-year period of permanent ineligibility. If the applicant is found eligible for either the three-year or ten-year bar in their state, then they will be required to complete and submit a applicable I-601 application. However, if the applicant’s state does not require an I Authorization, they must still complete and submit a file form i-601. If the applicant’s state does not require an I Authorization then they must apply for one on their own and produce their passport in order to meet the requirements for filing an I-601 Application.

This page is not meant to act as legal advice for your specific case.  You should seek the advice of an immigration attorney to review the specific facts of your case as applied to the law.

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