Permanent Residence Hardship Waiver

The Form I-601, Application for Waiver of Ground of Inadmissibility, is used to request permanent residence hardship waiver on the basis of the following grounds:

  • health-related grounds
  • criminal and related grounds
  • immigrant membership in a totalitarian party
  • misrepresentation in immigration matters
  • smugglers
  • subject to civil penalty
  • unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S.

Form I-601 is also used to waive certain grounds of inadmissibility when an applicant is seeking immigration benefits under the Nicaraguan Adjustment and Central American Relief Act (NACARA), the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA), and under the Temporary Protected Status (TPS) or Violence Against Women Act (VAWA) program. Because officers at international USCIS offices are not likely to encounter these types of waiver applications, this SOP will only briefly address them. Click here for more information