Applying for a I-601 Waiver with a Criminal Record from the Netherlands

Applying for a I-601 Waiver with a Criminal Record from the Netherlands

If you are a Dutch national looking to immigrate to the United States and obtain a green card, but have been having trouble with visa approval due to a past criminal record, you will need to file a I-601 waiver. 

An I-601 Waiver of Grounds of Inadmissibility is a formal request asking USCIS to forgive certain immigration violations that would otherwise prevent a person from entering the United States or obtaining lawful permanent residence. Unlike when a I-601 waiver is filed for Adjustment of Status to Legal Permanent Resident, this article is specifically for the consular processing of a I-601 waiver of an applicant who is applying for a green card with past criminal history. It is necessary for immigration documentation and evidence, required when an applicant has been found inadmissible due to issues such as fraud or misrepresentation, certain criminal convictions, or health-related grounds. 

Because approval is discretionary, the applicant must present strong evidence that denying admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. Cases involving a criminal record are especially complex and require detailed documentation, legal analysis of the offense, and compelling proof of hardship to overcome the grounds of inadmissibility.

In consular processing cases involving a criminal record, an I-601 waiver often becomes a critical step after the immigrant visa interview, when a consular officer determines that the applicant is inadmissible to the U.S. 

If you are applying through the Netherlands, this usually happens during an immigration visa interview at the US Consulate in Frankfurt, where the officer will deem you inadmissible. Rather than ending the case, the officer will issue a written refusal and instruct you on how to file Form I-601 with USCIS for consideration of a waiver.

This process shifts the case from the US Consulate in Frankfurt to USCIS for a discretionary review focused on rehabilitation, the nature and age of the offense, and, most importantly, whether denying the visa would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. 

During this time, the immigrant visa case remains pending at the US Consulate in Frankfurt until USCIS makes a decision. Properly preparing the waiver package with detailed legal analysis, certified court records, and compelling hardship evidence is essential, as the outcome directly determines whether the applicant can proceed to visa issuance despite the prior criminal history. This is where our firm, Blue Lake Law can help you!

Key Considerations 

When seeking an I-601 waiver with a criminal history, several factors are especially important. Honesty is critical. When applying from the Netherlands you must report; 

• Every arrest, charge, and conviction even if they have been expunged or spent in the Netherlands
• You must provide certified court records, police records (VOG – Verklaring Omtrent het Gedrag), and translations for all convictions.

Any omission can result in an automatic denial and may create more serious immigration consequences in the future. It is also important to understand that not all crimes are waivable. These types of crimes generally make a person ineligible for this waiver;

• Aggravated felonies 
• Firearm-related crimes
• Aggravated felonies committed after obtaining lawful permanent resident status 

 Generally, an I-601 waiver (under INA 212(h)) may be available for;

• One or more crimes of “moral turpitude” (excluding murder or torture)
• Two or more convictions with a combined sentence of 5+ years
• Prostitution
• Simple possession of less than 30 grams of marijuana, however, other drug offenses are generally not
• Employment based green card applicants 

Most importantly, the foundation of a successful I-601 application is proving extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. This hardship must go beyond the normal emotional or financial strain caused by family separation and must be supported by strong, well-documented evidence. However, an applicant no longer needs to prove extreme hardship if the crime happened more than 15 years from the time of applying.

Application Steps

• Confirm Eligibility and Grounds: Determine the reason for your inadmissibility (e.g., unlawful presence, fraud, or criminal grounds) to ensure a waiver is available.

• Gather Required Documentation: Criminal Records: Submit certified court records for every crime, including the indictment, plea, conviction, and final disposition.

• Evidence of Extreme Hardship: Collect documentation showing the severe impact on your qualifying relative (spouse or parent) if the waiver is denied. This may include medical records, financial statements, psychological evaluations, and personal statements.

• Complete Form I-601: Fill out Form I-601 carefully, following the official USCIS instructions to ensure accuracy.

• File the Application: Submit the completed form along with all supporting documents and the filing fee $1050 to the appropriate USCIS address. (Coordination with the US Consulate in Frankfurt may be required)

• Attend Biometrics Appointment: The US Consulate in Frankfurt will inform you where to go for fingerprinting and photographs, and where to submit them.

• Wait for USCIS Decision: USCIS reviews the case, a process that can take 12 to 18 months.

• Consular Processing (if approved): Once approved, your case proceeds to the US Consulate in Frankfurt  to continue your case or for visa issuance.

After Submitting the Application

When to File: 

The I-601 waiver is generally filed after a consular officer determines you are inadmissible during your visa interview.

As a Dutch national you will file the I-601 Waiver directly with USCIS, but will need to coordinate with the US Consulate in Frankfurt where to specifically send your application and evidence. 

Processing Duration:

USCIS processing for the I-601 can take 12 to 15 months or longer, depending on case complexity and workload.

The difference between I-601 and I-601A:

I-601A: Used primarily to waive unlawful presence before leaving the U.S.

I-601: Required if you are inadmissible due to criminal records or other grounds beyond unlawful presence.

We Can Help You Today

At Blue Lake Law, we have experience guiding clients who have a criminal record through the I-601 waiver process. We also have extensive experience working with the US Consulate in Frankfurt. No matter what immigration problems you might be facing, we understand how critical precision and speed are to your case. 

We’ll help you determine your eligibility, gather the required documentation, prepare you for your interview, and prepare any necessary forms, ensuring that your petition is submitted correctly and efficiently. At Blue Lake Law we take pride in clear & effective communication with our clients and U.S. immigration services.

Contact us today to help you get started applying for a I-601 waiver.