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.

I-601 Hardship Waiver - Filed at Ciudad Juarez, Mexico

The I-601 and the Extreme Hardship Statements are filed with the Consular Officer at Ciudad Juarez, Mexico where the beneficiary of the petition applied for the Immigrant Visa (green card). If the waiver is approved, USCIS sends that approval notification to the Ciudad Juarez U.S. Consulate for issuance of the immigrant visa. If the waiver is denied, the applicant will be notified in writing of that decision and the immigrant visa will not be issued.

The Ciudad Juarez Sub-office of U.S. Citizenship and Immigration Services has jurisdiction for adjudicating all I-601 applications submitted to the Immigrant Visa Section at the Ciudad Juarez, Mexico U.S. Consulate. The Ciudad Juarez U.S. Consulate also processes all Immigrant Visas for Mexico as well as K-1 and K-3 Nonimmigrant Visa I-601 Waivers.

I-601 - Where to File Extreme Hardship Evidence

Extreme Hardship Evidence can be submitted at the time the I-601 Waiver is filed with the Consular Officer or mailed directly to the Ciudad Juarez USCIS Office within 30 days after filing the waiver to:

Department of Homeland Security
U.S. Citizenship and Immigration Services
PO Box 9896
El Paso, Texas 79995

[Read the USCIS Memo on the New I-601 Waiver Process]