What Is Form I-601?

Form I-601 (Application for Waiver of Grounds of Inadmissibility) is used to request a waiver of certain grounds of inadmissibility, including health-related grounds. When a client has a Class A medical condition that constitutes a ground of inadmissibility, Form I-601 may be the path to approval.

Not all grounds of inadmissibility are waivable, and not all applicants qualify for a waiver. Understanding when a waiver is available and whether the client qualifies is essential for effective case planning.

Which Medical Grounds Are Waivable?

The following health-related grounds of inadmissibility may be waivable with Form I-601:

• Communicable diseases of public health significance (with some exceptions)
• Mental health conditions associated with harmful behavior
• Substance use disorders
• Failure to present documentation of required vaccinations (waivable with proof of vaccination or exemption)

Non-Waivable Medical Conditions

Active tuberculosis that has not been treated is generally NOT waivable until treatment is completed. Some other Class A conditions may also not be waivable. Consult with an experienced immigration attorney and physician to evaluate the specific situation.

Qualifying Relatives

To qualify for a Form I-601 waiver, the applicant must have a qualifying relative who would suffer extreme hardship if the waiver is denied. Qualifying relatives for most health-related waivers include U.S. citizen or lawful permanent resident spouses and parents.

Children are not qualifying relatives for most I-601 waivers. This is an important distinction that can affect whether a waiver is available.

The Extreme Hardship Standard

The extreme hardship standard is a high bar. Ordinary hardship — such as financial difficulty or emotional distress — is not sufficient. USCIS looks for hardship that is unusual or beyond what would normally be expected when a family member is denied admission.

Factors that USCIS considers include the qualifying relative's health, financial situation, ties to the United States, the impact of separation, and country conditions in the applicant's home country. A well-documented extreme hardship showing is essential for a successful waiver.

When to File Form I-601

Form I-601 can be filed concurrently with the I-485 or in response to a NOID or denial. Filing concurrently is generally preferred when the ground of inadmissibility is known in advance. If the ground of inadmissibility is identified during adjudication (e.g., through a NOID), the waiver can be filed in response.