The Top 17 Documents You Need to Include in Your Hardship Waiver Application

The Top 17 Documents You Need to Include:

When it comes to filling out an I-601 or I-601A application, it’s best to include as much documentation as possible. To help you, we’ve compiled a list of some of the most common documents you’ll need to include. Keep in mind that some of these may not apply to your situation, or you may need to provide additional documents. Your immigration attorney can help you determine which documents will best support your case. 

What’s the Difference Between the I601 and I601A Waiver?

Both the I601 and I601A waivers are used to adjust the status of an individual who’s been found inadmissible to the United States.

The I-601 Application for Waiver of Grounds of Inadmissibility is used for those who have been found inadmissible for certain circumstances and are seeking an adjustment of status, immigrant visa, certain nonimmigrant statuses, or other immigration benefits. The I601A Application for Provisional Unlawful Presence Waiver is only used to waive the 3- or 10-year ban in order to keep families together.

One of the biggest differences between the two forms is the reason for being denied entry to the United States. Both forms require applicants to show ample evidence that their qualifying relatives will suffer extreme hardship if they were banned or deported from the U.S.

Which Documents Will You Need for an I-601 or I-601A Waiver?

First, you’ll need documents from your qualifying relative and your petitioner (who may or may not be the same person). Here are some of the documents you should submit, depending on the details of your case:

➤ A signed and notarized affidavit that explains your relationship, how you met, and how the qualifying relative would experience hardship if you have to leave or are denied entry to the U.S.

➤ Proof of your qualifying relative’s U.S. citizenship or permanent resident status, which can include a copy of their birth certificate showing they were born in the U.S., a copy of their passport, a green card, or a naturalization certificate.

➤ Certified copies of your parents’ and children’s birth certificates (if applicable)

➤ A letter from an accountant detailing the financial hardship your qualifying relative would experience if you were forced to leave the U.S.

➤ A letter from a doctor explaining any serious medical problems your qualifying relative has

➤ Passport photos of your qualifying relative and petitioner

Next, you’ll need to submit the following documentation; depending on your case, additional documents might be required:

➤ A signed and notarized affidavit that confirms the content of the affidavit submitted by your qualifying relative in your own words.

➤ A copy of every page of your passport.

➤ A certified copy of your birth certificate. If needed, you should also include a certified translation.

➤ A certified copy of your marriage certificate (if applicable).

➤ Photos of you, your qualifying relative, and your children (if applicable) together at social gatherings.

➤ Copies of documentation of previous divorces to establish the legitimacy of your current marriage.

➤ Copies of any immigration documents you have. For example, if your immigration was based on family relationship, you would want to submit a copy of the Form I-130 that was submitted on your behalf.

In addition to the above documents, you may also need to submit the following documents from third-party sources:

➤ Evidence of the adverse conditions in your home country, such as news articles or United Nations reports.

➤ Character references (preferably submitted as an affidavit) from doctors, priests, law enforcement, or other prominent community members who can confirm your character and contributions to the community.

➤ Copies of any awards you may have won, such as “Employee of the Month.”

➤ Any other third-party documentation that could strengthen your case.

As previously noted, this is not an all-inclusive list; depending on the details of your case, additional documentation may be required or recommended to back up your claims. If you have any documents that are in a language other than English, they should be submitted with a certified translation. All letters should be written as affidavits and signed and notarized.

An I601A Success Story

At Ranchod Law Group, we’ve helped numerous clients get their I601 and I601A waivers approved. Here’s just one of our many success stories:

Our client had entered the U.S. at the age of 18 and had been in the country for over 13 years. He had been married for four years and had a two-year-old son; the couple was also raising the wife’s son from a previous marriage.
The client’s wife had rheumatoid arthritis and required expensive medication she could only get through an assistance program; if she was forced to leave the country, she would lose access to the program (and the medication) she needed. The couple was caring for the client’s mother-in-law, who also suffered from rheumatoid arthritis. To make matters more difficult, the client’s stepson’s biological father wouldn’t allow his son to go abroad.

In terms of financial hardship, the family was already having trouble making ends meet. If our client left the U.S. without his wife and children, they would suffer even greater financial hardship. In addition, our client’s wife was suffering from anxiety and depression over the idea of her husband being forced to leave the country. There was also the fact that as the wife’s arthritis progressed, she would undoubtedly need to rely on our client even more.

We helped our client pull together the proper documentation and prepared a detailed legal brief outlining the many ways leaving the U.S. would create extreme hardship for the family. The case was approved in under two months!

Get Help with Your I-601 or I-601A Waiver

If you’ve been found inadmissible to the United States and would like to apply for an I601 or I601A waiver, the experienced attorneys at Ranchod Law Group are here to help. We’re dedicated to keeping families together and staying current with the latest developments in immigration law. To schedule a consultation, please call us at 916-613-3553 or email us at