I-601 / I-601A Waivers Beyond the Basics
On Behalf of Coughlon Law Firm, PLLC. | Jan 20, 2026 | Immigration
When a case needs an I-601 or I-601A waiver, the hardest part often is not the form. It is the story you prove.
USCIS does not grant these waivers because separation feels sad. The standard requires “extreme hardship” to a qualifying relative (usually a U.S. citizen or lawful permanent resident spouse or parent, depending on the waiver).
This post explains how officers review hardship, what evidence tends to carry weight, and how to build a record that holds up under real scrutiny.
I-601 vs. I-601A Basics
Form I-601 seeks a waiver of certain inadmissibility grounds. Form I-601A is a provisional unlawful presence waiver process USCIS describes for certain family-based cases, with requirements tied to regulation.
Even when the legal path fits, approval remains discretionary. A strong filing anticipates skepticism and documents hardship in a way that reads as concrete, specific, and consistent.
Extreme Hardship Evidence Categories
USCIS instructs officers to evaluate hardship in totality and cumulatively, not as isolated bullet points. A durable record usually covers multiple categories, with proof that ties the facts to your qualifying relative:
- Medical: Diagnoses, treatment plans, provider letters, medications, prognosis, and why separation or relocation changes care.
- Financial: Income history, essential expenses, debt, loss of health insurance, childcare costs, and why the numbers do not work without the applicant.
- Caregiving: Who depends on the qualifying relative, what daily tasks they handle, and what happens if the qualifying relative must choose between relocating or staying.
Prepare For “Two-Scenario” Scrutiny
USCIS analyzes hardship through two lenses: if the qualifying relative stays in the United States while the applicant remains abroad, and if the qualifying relative relocates abroad to keep the family together.
You do not win by arguing only one scenario unless the facts clearly make the other unrealistic. You win by showing how each path creates harm that rises above ordinary disruption.
Speak With Coughlon Law Firm, PLLC
Coughlon Law Firm, PLLC, serves Arizona clients in family immigration, marriage-based green cards, DACA, naturalization, and related matters. If your case may involve an I-601 or I-601A waiver, we can review the facts, identify the qualifying relative and hardship angles that fit USCIS guidance, and help our clients build an organized evidence record. Reach us at 602-636-0800 or through our contact form.
