Reviewed July 2026
Immigration Legal Services

Waivers

Perdones migratorios y dispensas

A waiver can forgive an immigration violation that makes a person inadmissible to the United States. The standard is high and must be carefully evaluated. Our immigration attorney and DOJ representative will review your situation to determine if a waiver is appropriate for your case. The attorneys, DOJ representatives, and staff will work with you to prepare the waiver and submit it to USCIS.

Sliding-scale fees
Who it's for
Inadmissibility applicants A qualifying U.S. citizen or lawful permanent resident relative is usually required
Typical timeline
12 to 24 months I-601A processing varies; verify before filing
IHF cost
Sliding-scale fees Sliding scale plus USCIS fees may apply

Waiver of Grounds of Inadmissibility (Form I-601)

For individuals inadmissible due to health issues, criminal grounds, immigration fraud, unlawful presence, or alien smuggling. The key requirement is extreme hardship to a qualifying relative, usually a spouse or parent.

Resource: USCIS Form I-601

Provisional Unlawful Presence Waiver (Form I-601A)

Allows immediate relatives of U.S. citizens to apply for a waiver of the 3- or 10-year unlawful presence bar before departing for their consular interview abroad. Reduces family separation time.

Resource: USCIS Provisional Unlawful Presence Waivers

Application for Permission to Reapply for Admission (Form I-212)

For individuals previously deported or removed who are seeking permission to re-enter the U.S. lawfully.

Who qualifies

  • You have a U.S. citizen or permanent resident spouse, parent, or child who would suffer extreme hardship if your case were denied.
  • Your immigration history includes more than 180 days of unlawful presence.
  • You misrepresented something on a past immigration application.
  • You have a prior deportation order and want to re-enter legally.
  • Your case has certain criminal or health-related grounds of inadmissibility.
  • You are willing to build a careful case: medical records, financial records, country-conditions evidence, and personal statements.

How IHF helps, step by step

  1. 1

    Eligibility consultation

    Our immigration attorney and DOJ representative will look at your full immigration history and family situation to indicate whether a waiver is appropriate for your case.

  2. 2

    Strategy

    Some waivers (I-601A) are filed before you leave the U.S.; others happen abroad. We help you choose the lowest-risk path.

  3. 3

    Evidence gathering

    Medical records, financial records, country-conditions reports, expert opinions, and personal statements that USCIS will weigh.

  4. 4

    Form preparation

    IHF staff will prepare the forms, including any additional documentation.

  5. 5

    Filing and follow-up

    IHF will submit the waiver to USCIS and track the case until a decision is made.

Common questions

Waivers, answered

What does IHF cost?
We do an eligibility screening to understand your situation before any fees are set. We use a sliding-scale fee based on your income. We tell you the cost upfront and help you apply for a USCIS fee waiver if you qualify.
What is "extreme hardship"?
It is the legal standard for most unlawful presence and fraud waivers. USCIS looks at medical needs, financial dependence, education, family ties, country conditions, and length of residence in the U.S. We help you assemble the evidence that matches the standard.
Can I travel while my waiver is pending?
Generally no. Leaving the U.S. before an I-601A approval is one of the most common and damaging mistakes in this area. Do not travel without talking to us first.
Sources

Where this information comes from

Direct links to government and authoritative sources we used. If you spot something out of date, email info@immigrantfoundation.org.

  1. USCIS - Form I-601, Application for Waiver of Grounds of Inadmissibility Standard inadmissibility waiver
  2. USCIS - Form I-601A, Provisional Unlawful Presence Waiver For applicants who must consular process
  3. USCIS - Form I-212, Permission to Reapply for Admission For prior orders of removal
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