It’s normal for people to make mistakes. But sometimes, the mistakes we make have the potential to impact our lives dramatically. If you committed a crime in a foreign country and are not seeking legal entry into the United States, you may be considered inadmissible and denied a visa or green card.
Being considered inadmissible doesn’t mean all hope is lost. By filing a 601 waiver, American immigration agencies may forgive you for the crime you committed and grant you a green card for the visa you desire.
Applying for a 601 waiver is not an easy process. Numerous requirements need to be met and evidence needs to be submitted. One small mistake during the application process and you could be denied entry into the United States.
The Gonzalez Law Group has over 70 years of collective experience assisting clients with immigration issues. Our immigration department will strategize the best course of action to achieve your immigration goals. We understand how important it is you stay with your family, and we will do everything we can to make sure that happens.
The Gonzalez Law Group assists clients with immigration issues in all communities in Harris County including Houston, Webster, Channel View, Fresno, and Pearland. Our firm is here to answer any questions you have regarding 601 waivers. Call (832) 530-4070 or submit your information in the online contact form to schedule a free consultation.
Information Center
What is a 601 Waiver?
If the American government denies your visa or green card because of inadmissibility, you may still be able to legally enter the United States with a 601 waiver. The waiver acts as a form of forgiveness for the inadmissibility. If your application is accepted, whatever you did that resulted in the inadmissible statues will be waived and you will be granted a green card or visa.
There are many reasons why you would be considered inadmissible by the American immigration system. Maybe you suffer from certain health issues, committed immigration fraud or were convicted of a crime.
Crimes Eligible for 601 Waiver
Every criminal offense is not eligible for a 601. Convictions for crimes such as murder or terroristic threats will prevent you from becoming a United States citizen. There are certain crimes, though, that are eligible for the waiver.
According to section 212 of the Immigration and Nationality Act, you may seek a waiver of inadmissibility for the following criminal convictions:
- Crimes involving moral turpitude
- Simple possession of up to 30 grams of marijuana
- Two or more convictions with a sentence involving five or more years of confinement
- Prostitution
- Unlawful commercialized vice
- Certain applicants involved in serious criminal activity and asserted immunity from prosecution
Simply being convicted of one of the mentioned crimes is not the only requirement of a 601 waiver. When applying, you will be required to establish one of the following:
- The reason you are inadmissible is that you participated in prostitution, but have been rehabilitated and your admission into the states will not be contrary to the country’s security, safety and welfare
- 15 years have passed since the crime that made you inadmissible and you have been rehabilitated
- Qualifying relatives who are U.S. citizens or lawful permanent resident would experience hardship if you were denied admission into the country
- You are an approved Violence Against Women Act self-petitioner
If you were convicted of a violent or dangerous crime, you run a slim chance of getting your wavier accepted. Unless there is an extraordinary circumstance involving national security, foreign policy or your denial would involve extremely unusual hardship, the agency adjudicating your application will deny your request. Even if one of the standards is met, an agency could still deny your request at their discretion.
Proving Extreme Hardship
The most common reason American immigration authorities deny a 601 waiver is insufficient evidence of extreme hardship. Your qualifying relative may truly experience distress if you are denied entry into the U.S., but immigration agencies will reject your application for lack of evidence.
Examples of sufficient evidence or extreme hardship may include, but is not limited to:
- Evidence of business or employment ties like tax statements and payroll records
- Affidavits from the qualifying relative with knowledge of the hardship
- Monthly expenditures such as bills, rental agreements and a mortgage
- Medical documents or evaluations by medical professionals supporting the claim
- Marriage, birth or adoption certificates supporting claimed family ties
If your 601 application is denied because of insufficient evidence, you can file a motion to have it reopened or reconsidered. You can also file a new waiver application with additional evidence that supports your claim of extreme hardship. If you wish to have your 601 wavier application reopened, you should contact The Gonzalez Law Group as soon as possible.
Additional Resources for 601-Convictions
1-601 Waiver | U.S. Citizenship and Immigration Services – Visit the official website of the U.S. Citizenship and Immigration Services website to learn more about 601 waivers. Here you can find instruction forms, learn how to properly file the waiver and where to file.
Immigration and Nationality Act– Follow this link to read the section of the Immigration and Nationality Act that governs which criminal offenses are eligible for a 601 waiver. You can also learn about other grounds for inadmissibility and which ones are eligible for a 601.
Contact a Houston Immigration Lawyer
The American immigration process has become convoluted over the years. You are required to meet strict requirements and submit numerous pieces of evidence. Do not try to handle U.S. immigration agencies on your own. Contact The Gonzalez Law Group.
Our firm assists clients with 601 waiver applications throughout Harris County. Call (832) 530-4070 or submit your information in the online contact form to schedule a time to speak with the immigration department.
