What Happens After the I-601 Waiver Is Approved?

According to the official website of the U.S. Citizenship and Immigration Services of the Department of Homeland Security, after the I-601 waiver is approved, the decision is sent to the appropriate U.S. embassy or consulate, giving details of the waiver of visa ineligibility. The consulate then contacts the applicant, who may need to resubmit documents or have another interview to prove current eligibility before being issued a visa.

Form I-601 is usually used to prove that a U.S. citizen or green card holder would suffer severe hardship if a relative who has been deemed inadmissible is denied a visa or forced to leave or if a family must leave because the relative cannot enter. Because extreme hardship is not defined in the law, authorities have considerable discretion in approving or denying I-601 waivers. Evidence to prove extreme hardship might include medical records, police documentation and other papers.

Those who have been classified as inadmissible for whom waivers might be granted include those with tuberculosis or other communicable diseases, those with improper vaccinations, those with physical or mental disorders, those with criminal convictions, prostitutes and those who have broken immigration laws. Inadmissibility waivers are not normally granted for drug addicts, drug dealers, spies, terrorists and those who would probably become dependent on need-based government assistance.