Waiver of inadmissibility

Normally, if you want to know how to apply for a waiver of inadmissibility, you should:

• Determine which form you need to file: I-601, I-601A, or I-212.
• Gather the required evidence and complete the form with the correct filing fee.
• Send everything to USCIS and wait for the decision before continuing your visa or green card process.

This process is especially critical for the I-601A: the approval rate exceeds 70% (2024 data) when extreme hardship is well documented.

However, many cases are denied due to technical errors such as using outdated forms, incorrect payments, or mailing to old addresses.

If your case involves a tourist visa (B1/B2), the relief is handled differently, we also explain this further below.

In this article you’ll find clear explanations, comparison tables, and practical examples to understand how waivers work, which requirements apply, and how to increase your chances of success.

 What is a waiver of inadmissibility and how to apply in 2025?

A waiver is a discretionary exemption under the Immigration and Nationality Act (INA). Its purpose is to allow certain grounds of inadmissibility not to block access to a visa or lawful permanent residence.

While a waiver does not “erase” your past, it removes its effect as a barrier in the immigration process.

The most common grounds where a waiver may apply include:

• Prolonged unlawful presence.
• Certain minor offenses.
• Immigration fraud or misrepresentation.
• Medical issues.

By contrast, grounds such as serious drug crimes or national security concerns are never waivable.

In practice, many immigrants discover they are inadmissible only during their consular interview. For them, a waiver is the only way to move forward.

Illustrative example: A Mexican mother accrued more than one year of unlawful presence, triggering the 10-year bar. By proving her lawful permanent resident husband would suffer extreme hardship while caring for their U.S. citizen child with a disability, she can request an I-601A, avoiding a prolonged family separation.

Most frequent grounds of inadmissibility and which ones are waivable

Being found inadmissible often leads people to ask how to apply for a waiver of inadmissibility to overcome that situation. The causes vary, but not all are eligible for a waiver.

The most common grounds remain unlawful presence, immigration fraud, and certain criminal records. Others, such as national security threats or serious drug felonies, are outside any relief.

Unlawful presence

This occurs when someone remains in the U.S. without authorization or after their authorized stay expires. The penalties include:

• More than 180 days = 3-year bar.
• More than 1 year = 10-year bar.

Despite these bars, this ground of inadmissibility is waivable through Forms I-601 or I-601A.

Example: A young man who entered without inspection in 2020 and departed in 2022 accrued more than a year of unlawful presence. Wanting to return in 2025, he faces the 10-year bar and must look into how to apply for a waiver of inadmissibility via I-601A. He can request it if he proves his lawful permanent resident wife would face extreme hardship raising two young children alone.

Criminal history

This includes prior convictions that may impact admissibility depending on seriousness:

• Waivable: Certain crimes involving moral turpitude (e.g., petty theft) or possession of less than 30 grams of marijuana.
• Not waivable: Drug trafficking, sex offenses, violent felonies.

Example: An applicant with a 2010 fraud conviction may file I-601. By contrast, a person with a cocaine-trafficking record has no waiver option.

Fraud or misrepresentation

Submitting false documents or lying in an immigration interview triggers immediate inadmissibility.

These issues often arise in family-based processes, as we explain in “U.S. family-based immigration.”

To better understand how USCIS evaluates inconsistencies in the first months after entering the country, review the USCIS 90-Day Rule.

This type of inadmissibility is waivable with Form I-601 if the applicant proves that a qualifying U.S. citizen or LPR family member would suffer severe consequences.

Health-related grounds

These include communicable diseases, a history of substance abuse, or missing vaccines required by law:

• Lack of required vaccinations, certain contagious diseases, or a history of substance abuse can cause inadmissibility.
• Some cases can be overcome with proof of treatment or medical certificates.

Other grounds

These cover less common situations, such as lacking a required labor certification or posing a national security risk.

• No valid labor certification.
• National security threats: never waivable.

Comparison table: inadmissibility grounds and waiver availability

Ground of inadmissibility	Waivable?	Applicable form
Unlawful presence (180+ days / 1 year)	Yes	I-601 / I-601A
Fraud or misrepresentation	Yes	I-601
Minor offenses (e.g., simple fraud, moral turpitude)	Yes, with limits	I-601
Serious drug felonies / national security	No	N/A
Health issues (some cases)	Yes	I-601 / I-192
Prior removal/deportation	Yes	I-212

Notes:

• The I-601A only covers unlawful presence (not fraud or crimes).
• The I-212 applies to prior removal/deportation; it can be filed with USCIS or via e-SAFE, depending on the case.

Types of immigration waivers: I-601, I-601A, I-212 (and when to use each one)

In 2025 there are more than a dozen immigration waivers, but three cover most filings: I-601, I-601A, and I-212. Each fits a different scenario and it’s crucial not to confuse them.

I-601 waiver

The I-601 waiver is a main route for those seeking guidance on a waiver of inadmissibility and how to apply for fraud, certain minor offenses, or medical grounds:

• Primary use: Overcome inadmissibility based on fraud/misrepresentation, certain minor offenses, or specific medical grounds.
• When filed: Generally from outside the U.S., after being found inadmissible at the consular interview.

Example: A green card applicant learns the consulate denied the visa due to a misstatement on a prior form. They can file I-601 if they prove their lawful permanent resident mother would suffer extreme hardship without their support.

I-601A (provisional) waiver

This is a special version of the I-601 focused on unlawful presence. It allows you to request the waiver without leaving the U.S. before the consular interview.

• Main use: For those with unlawful presence who would trigger a 3- or 10-year bar upon departure.
• Key advantage: It is filed inside the U.S. prior to departing for the consular interview, reducing family separation.

Example: A woman with two years undocumented in New Jersey, married to a U.S. citizen with a chronic illness, can file I-601A and avoid leaving her husband without support for years.

Important in 2025: Current processing times are about 12–20 months, per USCIS.

I-212 waiver

Used to lawfully reenter after a prior removal or deportation, provided the applicant meets the bar timelines and eligibility requirements.

Primary purpose: Request permission to return to the U.S. after having been removed or deported.

Example: A man removed in 2019 for overstaying his visa, now with a U.S. citizen daughter, may file I-212 showing good conduct and strong family ties in the U.S.

2025 note: I-212 mailing addresses have been updated; confirm with USCIS current official instructions or the e-SAFE option before filing.

Comparison table of immigration waivers

Form	Main reason	Where is it filed?	Average time
I-601	Fraud, certain minor offenses, medical issues	USCIS (Lockbox, depending on case)	~180 days
I-601A	Unlawful presence (3- or 10-year bars)	USCIS within the U.S. (Chicago Lockbox)	12–20 months
I-212	Prior removal or deportation	USCIS (updated in 2025) or CBP e-SAFE	<180 days

Quick notes:

• I-601A is filed inside the U.S., but takes effect after the consular interview.
• I-601 is usually filed after a consular finding of inadmissibility.
• I-212 can be filed with USCIS or via CBP e-SAFE for certain nonimmigrant scenarios.

Tourist visa (B1/B2) waiver: When it applies and what to file

When the issue is obtaining a visa (B-1 or B-2) despite a ground of inadmissibility, the usual path is not I-601 but the nonimmigrant waiver under INA 212(d)(3). 

In practice, the consulate may recommend that waiver to DHS and, if approved, you may receive the visa despite inadmissibility.

When the tourist visa waiver usually applies

Generally, for this type of U.S. visa it occurs when one of the following applies:

• Misrepresentation/fraud in a prior application or interview.
• Overstay or certain immigration violations that triggered inadmissibility.
• Minor criminal history that creates an impediment, evaluated case by case.

Key points to keep in mind

• For the tourist visa we often say “tourist visa waiver,” but legally it’s a 212(d)(3) (not I-601).
• The analysis is discretionary and weighs the seriousness of the facts, time elapsed, ties, and travel purpose.
• If there was also a prior removal, I-212 may be required before or alongside the 212(d)(3).
• I-601A does not apply to B1/B2; it is a provisional waiver for unlawful presence focused on immigrant visas (green cards).

Quick example: Someone was denied B1/B2 for misrepresentation in 2018. Today they want to visit a sick relative in the U.S. The consulate reviews the case and may recommend a 212(d)(3) to DHS; if approved, the tourist visa can be issued despite inadmissibility.

How to prepare and file your request based on your scenario

The process to request a waiver is not identical for everyone. It changes depending on whether the applicant is inside the U.S., outside the country, or has already been previously removed. 

Knowing the correct steps from the start can prevent delays, and most importantly, unnecessary denials.

If you are outside the U.S. (I-601)

1. The consular officer determines inadmissibility at the visa interview.
2. The applicant files I-601 with USCIS, with supporting documents (identity, extreme hardship evidence, court records, etc.).
3. Average wait time is about 6 months, though some 2024–2025 cases have taken up to 10.
4. If USCIS denies the request, you may file a motion/appeal with Form I-290B. Before appealing, read Appeal immigration decision so you don’t miss key requirements.

Example: At her consular interview in Madrid, Marta was found inadmissible for a past misrepresentation. With an attorney’s help, she filed I-601 plus medical reports for her LPR husband in New Jersey and financial proof of dependency. She was approved after 7 months.

If you are inside the U.S. (I-601A)

1. Complete I-601A and file it with the USCIS Chicago Lockbox.
2. Attend your biometrics appointment.
3. Prove that your U.S. citizen or LPR spouse or parent would suffer extreme hardship without you.
4. Wait for approval before leaving the country.

Key fact in 2025: Processing time has gone from 12 to as much as 20 months, so families should plan ahead.

Example: Luis, undocumented in New Jersey for 5 years, was married to a U.S. citizen with epilepsy. The I-601A was approved thanks to strong medical and psychological evidence, avoiding leaving his wife without care for a long period.

If you were previously deported (I-212)

If you were recently removed or deported, we recommend the following steps:

1. Complete Form I-212, explaining the reasons for removal and providing evidence of rehabilitation and good moral character.
2. File in the correct USCIS address or electronically with CBP via e-SAFE, as applicable.
3. Wait for a decision (generally under 180 days).

2025 update: USCIS changed the I-212 mailing addresses in August. Sending to an old address triggers an automatic rejection even if everything else is correct.

Example: Pedro was deported in 2018. In 2025, with a U.S. citizen daughter and a clean record in his home country, he filed I-212 with community support letters and a job offer. The waiver was approved in 5 months.

Mistakes that sink well-prepared filings (and how to prevent them)

Many applicants who already know how to apply for a waiver of inadmissibility still lose on avoidable technicalities.

These are often procedural or strategy issues rather than substantive problems, and they make all the difference.

Leaving the U.S. at the wrong time

One frequent mistake is departing the country while an I-601A is pending. That departure automatically triggers the 3- or 10-year bar.

Example: A Mexican applicant traveled home to visit an ill mother while her I-601A was still pending. Upon return, the bar was triggered and she lost the ability to complete her process.

Confusing a temporary bar with the permanent bar

The unlawful presence bars (3 or 10 years) are different from the permanent bar, which can apply, for instance, after an illegal reentry following removal.

Not distinguishing these scenarios leads to poorly structured filings.

Not meeting eligibility requirements

Some believe U.S. citizen children qualify as the required relatives for an unlawful presence waiver, but that is incorrect. Only a U.S. citizen or LPR spouse or parent can be the qualifying relative for I-601A.

Submitting weak extreme hardship evidence

Relying on family letters alone is a common pitfall. USCIS expects objective proof: medical records, financial documentation, psychological evaluations, and more. 

In many cases USCIS will issue a “Request for Evidence (RFE)” to ask for more proof.

2024 note: Internal USCIS analysis shows lack of strong evidence is among the top three reasons for I-601A denials.

Using outdated forms or mailing addresses

Another common error is using expired form editions or old addresses. Always check the official USCIS instructions before you file. 

USCIS will simply return packages filed with outdated forms.

Actual costs and processing times in 2025

Understanding how to apply for a waiver of inadmissibility means not only gathering evidence but also budgeting for USCIS fees and other related costs. As of 2025, here are the current fees:

Filing fees

• Form I-601: $1,050
• Form I-601A: $795
• Form I-212: $1,175

These fees cover filing only. They do not include:

• Attorney’s fees.
• Certified translations.
• Obtaining court records or medical certificates.

In practice, many applicants end up spending around $3,000–$4,000 total after adding preparation costs.

Processing times

Timelines vary widely by service center, USCIS workload, and case complexity. A more realistic view is:

• I-601: Can take more than 12 months in many cases.
• I-601A: Often 12–20 months, and up to ~43 months for 80% of cases at certain centers.
• I-212: Some cases resolve within several months, while complex matters may take longer.

Example: In 2022, a client filed I-601A and got a decision in 13 months, considered fast by today’s standards. Another applicant had to refile due to incomplete documentation and waited nearly two years for approval.

Cost & timeline comparison (2025)

Form	Official fee	Average processing time
I-601	$1,050	~180 days (approx. 6 months)
I-601A	$795	12–20 months (about 1–1.5 years)
I-212	$1,175	<180 days (under 6 months)

Who qualifies, and who doesn’t for an immigration waiver?

Not everyone found inadmissible can obtain a waiver. Eligibility depends on the ground of inadmissibility, the type of form, and whether there is a qualifying relative who would suffer extreme hardship.

Who qualifies

Generally, you may apply if you:

• Have a U.S. citizen or lawful permanent resident spouse or parent who would suffer extreme hardship if the waiver is not granted.
• Were found inadmissible due to unlawful presence, fraud/misrepresentation, or certain minor offenses.
• Have an approved immigrant visa petition pending with the Department of State (for I-601A).
• Were previously removed but already have an approved I-212 before seeking I-601A.

Example: Sofía lived undocumented in the U.S. for 18 months and can request I-601A because her U.S. citizen husband has a serious heart condition. Without Sofía, extreme hardship can be shown.

Who does not qualify

Certain scenarios rule out eligibility even with U.S. citizen or LPR family:

• Applicants under 17 years old at I-601A filing.
• Those with serious drug offenses or considered national security threats.
• Individuals in active removal proceedings without administrative closure.
• Those with a final order of removal and no approved I-212.
• People attempting illegal reentry after removal, which can trigger the permanent bar.

The provisional I-601A waiver in detail

The I-601A is called “provisional” because it lets certain immigrants resolve the unlawful presence bar before departing for the consular interview—reducing long, uncertain separations.

How does it work?

The provisional waiver works as follows:

• It only covers accrued unlawful presence (not fraud, crimes, or other issues).
• The applicant files from inside the U.S.; if approved, it takes effect after departing for and passing the consular interview.
• Meanwhile, the family remains together in the U.S., reducing separation time.

Main requirements

• Be at least 17 years old at filing.
• Have an approved immigrant visa petition.
• Prove that a U.S. citizen or LPR spouse or parent would suffer extreme hardship if the waiver is denied.
• Not be in active removal proceedings (unless administratively closed).

Example: Claudia, undocumented in New Jersey for 3 years, is married to a U.S. citizen undergoing cancer treatment. With I-601A she filed inside the U.S. and submitted medical evidence. When she attended her consular interview in Mexico City, the waiver was already approved, minimizing time abroad.

Updates in 2025

• Longer processing times: I-601A commonly takes 12–20 months.
• USCIS has tightened scrutiny of extreme-hardship evidence, denying filings with superficial or poorly documented proof.

Documents and evidence that truly matter

Success hinges not just on the form, but on the quality and consistency of your evidence.

USCIS evaluates whether the evidence convincingly shows the extreme hardship your qualifying relative would face.

Core documents

• Identity: Passports, birth certificates, marriage certificates.
• Immigration history: USCIS receipt notices, inadmissibility letters, copies of prior filings.
• Court records: Certified judgments, court dispositions, or official proof of no record.

Extreme hardship evidence

Emotional letters are not enough, USCIS expects objective documentation.

• Medical: Reports on chronic illnesses, diagnoses, and treatment plans.
• Psychological: Evaluations documenting depression, anxiety, or PTSD in the qualifying relative.
• Financial: Employment records, mortgages, debts, income comparisons between the U.S. and home country.
• Educational: Proof of children in special programs, scholarships that would be lost if the family relocates.

Example: An applicant initially submitted only letters from his wife and was denied. On refiling, he included the wife’s medical reports (epilepsy), income proof, and a psychological evaluation, the waiver was then approved.

Other supporting items

• Notarized affidavits from family and friends.
• Ties to the U.S.: Property, employment history, community service.
• Certified translations: Mandatory, USCIS rejects informal translations.

Where to file each form in 2025

The correct filing address depends on the specific form and the applicant’s particular situation. 

This technical detail is critical, mailing to the wrong place triggers an automatic rejection even when everything else is in order.

Form I-601

• Generally mailed to a USCIS Lockbox in the U.S. (e.g., Phoenix or Chicago, depending on case type).
• Applicants for immigrant visas from abroad typically file I-601 after the consular inadmissibility finding.

Form I-601A

• Must be mailed to the USCIS Chicago Lockbox.
• Key detail: Mailing anywhere else causes an automatic rejection.

Form I-212

• In August 2025, USCIS updated the mailing addresses for I-212.
• Today you may file:
  • With USCIS by mailing the physical form to the Lockbox listed in the official instructions.
  • Via CBP e-SAFE (digital system) in certain nonimmigrant inadmissibility contexts.

Example: A client mailed I-212 in 2023 to an old crowd-sourced address. USCIS returned the package three months later, delaying family reunification nearly a year.

Consular filing and special cases

• Nationals of Palau, Micronesia, or the Marshall Islands can sometimes file directly at a U.S. consulate.
• Matters related to T visas or U visas are handled by the USCIS Vermont Service Center.

Frequently asked questions about immigration waivers

Can a U.S. citizen child be the qualifying relative?

No. For I-601 and I-601A, only U.S. citizen or LPR spouses or parents qualify as the required relatives for extreme hardship. 

Children can support with letters, but they are not qualifying relatives. For separate options involving children, see “How to bring my son to U.S.”.

Can different waivers be combined?

Yes. Sometimes, while researching how to apply for a waiver of inadmissibility, an applicant discovers more than one form is needed.

For example, someone previously removed who also committed misrepresentation may need an I-212 together with an I-601. Each is analyzed independently, but both are required.

What if my waiver request is denied?

You generally have two options:

• File a motion/appeal with Form I-290B if you believe there was a legal or procedural error.
• Refile a new request with stronger, better organized evidence. If the denial came from the consulate, see “What if my visa application is denied” to prepare your next submission.

Can immigration waivers be renewed?

No. Once approved, a waiver of inadmissibility remains valid as long as the related visa case/process stays active. If a new ground of inadmissibility arises, a new filing is required.

What percentage does USCIS approve?

Based on 2024 data, well-documented cases exceed a 70% approval rate. Denials cluster around filings with weak evidence or basic eligibility issues.

Does the tourist visa waiver use I-601?

No. For B1/B2 visas the correct path is INA 212(d)(3) (consular recommendation to DHS). The I-601/I-601A waivers primarily apply to immigrant visas/green cards.

Immigration lawyers in New Jersey for your waiver of inadmissibility

Now you know more about how to apply for a waiver of inadmissibility, and that this is not a simple process. 

There are different forms, strict requirements, and recent updates that can change a case’s direction. An error in evidence, the form, or even the mailing address can delay your case by months or lead to a denial.

At Curbelo Law, our team of immigration lawyers in New Jersey assists immigrants with every type of waiver: from I-601 filings at consulates, to I-601A processed inside the U.S., to I-212 after removal.

Our experience allows us to:

• Assess eligibility before you invest time and money.
• Prepare a solid, well-organized evidence package.
• File to the correct address using current form editions.
• Represent you in appeals or removal proceedings when necessary.

If you or a loved one is inadmissible and needs help preparing a waiver request, contact us today. Our New Jersey immigration attorney will provide personalized guidance and support at every step.