The immigration process in the United States is complex and requires several steps. The federal government may refuse entry to anyone who falls within the lists of grounds of inadmissibility. These include health concerns, criminal history, national security risks, likelihood of becoming a public charge, lack of labor certification, fraud or misrepresentation, prior removals, and unlawful presence. This list is not exhaustive — there are many other reasons the U.S. government can deny an adjustment of status.

 

If you or someone you know falls within one of the inadmissibility categories, the immigration process can become even more complicated. However, one may request a waiver of inadmissibility to overcome these hurdles. The two main waivers available are:

 

 

• I-601 Hardship Waiver – Application for Waiver on Grounds of Inadmissibility.
• I-601A Provisional Waiver – Application for Provisional Unlawful Presence Waiver.

 

While both can help applicants in obtaining a green card, there are important distinctions between them.

 

I-601 Hardship Waiver

 

 

• For individuals residing outside of the U.S.
• USCIS reevaluates the circumstances of inadmissibility and weighs them against the potential hardship to the applicant’s relatives (spouse, children, or other qualifying family members).
• Applicants must show “extreme hardship,” though this term is not specifically defined in immigration law.
• Factors like prior immigration violations, arrests, marriage fraud, or criminal charges can increase the difficulty of obtaining approval.

 

I-601A Provisional Waiver

 

• For individuals residing inside the U.S.
• Only waives one ground of inadmissibility: unlawful presence.
• Before its creation, anyone unlawfully present who left the U.S. triggered a 3- or 10-year bar from reentry.
• The I-601A allows applicants to request a waiver while still in the U.S., reducing the risk of family separation.
• Applicants must show that separation from U.S. citizen family members would cause “extreme hardship.”
• USCIS may still require the applicant to leave the U.S. for a consular interview.
  
  

Every case is unique, and the burden rests on the applicant to provide sufficient evidence and address any aggravating factors. Filing incomplete or weak applications greatly reduces the chance of success.

 

Because the waiver process is complicated and highly discretionary, we recommend working with an experienced immigration attorney to evaluate options and maximize the likelihood of approval.

 

Our team at Castel & Hall LLP is here to help. We are located at 100 Tradecenter, Suite 715, Woburn (across from Middlesex Superior Court) and 932 Concord St, Framingham, MA.

 

📞 Call Castel & Hall LLP: 617-716-6464 to schedule a consultation.