Green Card Waiver For Illegal Alien, Unlawful Entrants and Those Subject to 3/10 Year Bars


I-601 Hardship Waiver - Illegal Aliens, Entrants, 3/10 Year Bar

In certain circumstances, those aliens who are unable to file for an immigrant visa or apply for adjustment of status may file an Application for Waiver of Ground of Inadmissibility (Form I-601) to qualify for a green card. Affected aliens are those who may have entered the U.S. without inspection, those that overstayed their visas and others who may be subject to the 3/10 year bar for a variety of reasons. Of course, to get a green card, the alien must otherwise qualify and obtain an approved I-130 petition. This waiver is based on extreme hardship to U.S. citizen relatives.

A typical case is an alien who entered illegally and became married to a U.S. citizen or sponsored by a child over 21 years old. After filing and obtaining an I-130 approval, the alien, who would not be eligible for adjustment of status, may submit the I-601 waiver to overcome this ineligibility. After the I-130 and the I-601 waiver approval is granted abroad, the alien may then enter the United States as a permanent resident or a green card holder.