Provisional Waiver of Inadmissibility


Below is a description of the legal process and recommended arguments often used to obtain the I601A pardon of inadmissibility – which is often necessary in order to gain permanent residence in the U.S

There is also a list of the documents we often use to support the application for the pardon.

Standards of Eligibility.

In order to obtain the pardon for inadmissibility, it is necessary to convince the immigration service that a U.S. citizen or lawful permanent resident (LPR) family member will suffer "extreme hardship" if the immigrant is forced to return to their country of origin.

That family member must be either a spouse or parent; having a US citizen or LPR child does not make one eligible for the I601A pardon.

It is important that you submit a declaration by the US citizen or LPR relative, explaining the importance of the immigrant in their lives – personally, financially, psychologically.

What documents should be submitted to obtain an I601A pardon?

You should to document extreme hardship with the following documents:

• tax and employment records,

• school transcripts,

• birth certificates of children,

• medical documents

• Many supporting statements from other relatives, friends, employers attesting to the hardship

Generally I601A applications without these supporting materials are denied.

We generally recommend that, in your arguments and supporting documentation, you make it clear that the U.S. citizen or LPR spouse or parent legally here will suffer extreme hardship under both of two scenarios:

(1) the immigrant returns to his or her home country and the spouse or parent stays here in the U.S.; or

(2) the spouse or parent returns to the home country with the immigrant.

Arguments and Documents which help you obtain a Pardon.

Some of the arguments considered in the evaluation of the extreme hardship” are:

• The health conditions of the spouse or parent. What medical care is needed or received today by the US citizen or LPR relative here in the U.S. which may be difficult to obtain in your country of origin? What sort of medical or psychological care will they require in the future? By extension, medical or psychological conditions of children or step-children are relevant as departing the U.S. would cause the parent or spouse extreme hardship with special needs children involved. We usually try to show a lack of availability of this level of care or treatment in the home country.

• Disabilities in the family. Physical, speech or learning difficulties of the relative or by extension, their children, and the services they receive here for these disabilities; and the lack of availability of these services in the home country.

• The financial and professional hardship it would cause the relative of the applicant. It is really important to describe the effect it would have on the U.S. citizen or LPR spouse or parent if the applicant is forced to return to their home country. We analyze this under both scenarios: the effect financially and professionally if the relative stays in the U.S., or if they go with the applicant for 10 years to the home country. This must be supported by documents such as tax returns, income information of both persons, a financial budget with income and expenses set forth and documented.

• The psychological impact on family members, if the immigrant returns home. We typically recommend that the U.S. citizen or LPR spouse or parent get an evaluation from a licensed counselor who documents by letter the psychological effect (depression, anxiety, stress, etc.) that would result from the immigrant’s departure for 10 years.

• Fear of persecution or other harm if the immigrants returns to the country of origin. We set forth any violence and unrest that exists in the home country and argue, where appropriate, that the applicant’s family would be exposed to potential harm and /or persecution if returned there.

• Economic conditions in the country of origin. Likewise, we describe any adverse economic conditions in the applicant’s home country and how that would likely affect the applicant’s family upon return there. This would include difficulty finding work or a much lower standard of living.

• The family in the United States or lack of family in the country of origin. It is important to emphasize the US citizen or LPR relative’s ties to the United States (family, employment, language, etc.) and lack of ties to the applicant’s home country.

• Immigrant contributions to the community here. It always helps to show that the immigrant has a good moral character and makes a positive contribution to his family and his community. Mention of church membership, volunteer work, and other community activities help the case. Document where possible.

Anyone requesting pardon must submit all possible documentation to support the arguments of the difficulties.

Psychological or medical evaluations in support of I601A waiver?

It is helpful for the spouse or parent to meet with a counselor or psychologist to document any type of anxiety, depression or trauma they will suffer if the immigrant is required to return to their home country.

What should personal statements in support of I601A waiver say?

It is also recommended that your personal statements include the following:

• the spouse or parent citizen or resident write a statement explaining the importance of having the immigrant in their lives and the difficulties that would result from their departure.

• Include details of how you will suffer extremely (i.e. severe depression, severe anxiety, financially, etc.).

• The statement should analyze the history of your relationship with special emphasis on any difficulty that would arise with the departure of the immigrant.

We also recommend making other statements of support that focus on the good moral character of the immigrant and its importance to family members.

Include a family budget to support your I601A waiver.

Finally, please make a list describing your monthly expenses (i.e. rent, gas, food, PG & E, Comcast, etc.). Also, make a separate list of all your debts (i.e. car loans, credit cards, school loans, etc.). Please also get documents to check your expenses and debt.

More Information:

  • Provisional Unlawful Presence Waivers (USCIS)
  • Form I-601A (USCIS)