Applying for a I-601 Waiver with a Criminal Record

Applying for a I-601 Waiver with a Criminal Record 

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 Permanent Status, 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. Rather than ending the case, the officer will issue a written refusal and instruct the applicant on how to file Form I-601 with USCIS for consideration of a waiver.

 This process shifts the case from the embassy 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 consulate 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.

Key Considerations 

When seeking an I-601 waiver with a criminal history, several factors are especially important. Honesty is critical—you must fully disclose every: 

• Arrest  
• Charge  
• Conviction 

Even if the record was sealed, dismissed, or expunged. 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. Offenses classified as;

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

These types of crimes generally make a person ineligible for this waiver. 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. 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
• Employment based green card applicants 

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.

• Attend Biometrics Appointment: Go to the USCIS Application Support Center (ASC) for fingerprinting and photographs.

• 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 U.S. consulate 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.

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. 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.