An I-601 waiver in New York County (Manhattan) allows certain inadmissible immigrants to apply for a green card despite grounds like unlawful presence or fraud. Law Offices Of SRIS, P.C. provides an I 601 Waiver Lawyer New York County who understands the New York Immigration Court at 26 Federal Plaza. Our firm has 4,739+ documented case results firm-wide. Consultation by appointment.
Last verified: April 2026 | New York Immigration Court | USCIS Forms (official site)
An I-601 waiver, formally known as the Application for Waiver of Grounds of Inadmissibility, is governed by the Immigration and Nationality Act (INA) § 212(h) and § 212(i), codified in 8 U.S.C. § 1182. This waiver allows certain foreign nationals who are otherwise inadmissible to the United States to obtain a green card or immigrant visa. Common grounds of inadmissibility include unlawful presence (3-year and 10-year bars), fraud or misrepresentation, certain criminal convictions, and health-related grounds. The waiver requires demonstrating that a qualifying U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the applicant is denied admission or removed. The burden of proof rests on the applicant to show by a preponderance of the evidence that the waiver should be granted. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has extensive experience preparing and filing I-601 waivers for clients in New York County (Manhattan) and throughout New York.
For I-601 waivers specifically, the primary statutory authority is INA § 212(h) (8 U.S.C. § 1182(h)) for criminal and fraud grounds, and INA § 212(i) (8 U.S.C. § 1182(i)) for fraud or willful misrepresentation. Unlike general immigration law, the I-601 waiver requires a showing of extreme hardship to a qualifying relative, which is a higher standard than mere hardship. The New York Immigration Court at 26 Federal Plaza and Varick Street handle these waiver applications in removal proceedings. USCIS also adjudicates I-601 waivers for applicants in affirmative processing. The extreme hardship analysis considers factors such as family ties, health conditions, financial impact, country conditions, and the qualifying relative’s ability to relocate abroad.
For official information on I-601 waivers, consult the following government resources:
- USCIS Form I-601 Instructions (official USCIS website)
- New York County Supreme Court (official court website)
In New York County (Manhattan), immigration cases for I-601 waivers are processed at the applicable USCIS Field Location — NYC residents at 26 Federal Plaza, Manhattan, NY 10278. Removal proceedings are heard at the New York Immigration Court at 26 Federal Plaza or Varick Street Immigration Court. New York has strong sanctuary policies — NYC Executive Order 41 limits city cooperation with ICE detainers and enforcement actions. This means local law enforcement generally does not hold individuals solely on ICE detainers, which can provide some breathing room for waiver applicants.
- Step 1 — Identify Ground of Inadmissibility: Determine which INA section applies (unlawful presence, fraud, criminal, or health grounds).
- Step 2 — Identify Qualifying Relative: Confirm you have a U.S. citizen or LPR spouse or parent who would suffer extreme hardship.
- Step 3 — Gather Extreme Hardship Evidence: Collect medical records, financial documents, psychological evaluations, country conditions reports, and affidavits.
- Step 4 — Prepare Form I-601: Complete the application with detailed factual statements and legal arguments.
- Step 5 — File with USCIS or Immigration Court: File the waiver with the appropriate jurisdiction — USCIS for affirmative cases, or the Immigration Court for removal proceedings.
- Step 6 — Attend Interview or Hearing: Present your case at a USCIS interview or Immigration Court hearing, with your attorney present.
In New York County (Manhattan), an I-601 waiver addresses inadmissibility grounds that can result in removal, unlawful presence bars (3-year, 10-year, permanent), and denial of green card or visa applications.
| Ground of Inadmissibility | Classification | Inadmissibility Period | Fine/Fees | Waiver Available | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Presence (3-year bar) | INA § 212(a)(9)(B)(i)(I) | 3 years | I-601 filing fee: $930 | Yes — I-601 | Must show extreme hardship to qualifying relative |
| Unlawful Presence (10-year bar) | INA § 212(a)(9)(B)(i)(II) | 10 years | I-601 filing fee: $930 | Yes — I-601 | Higher hardship standard; may require provisional waiver |
| Fraud or Misrepresentation | INA § 212(a)(6)(C)(i) | Permanent | I-601 filing fee: $930 | Yes — I-601 | Must show extreme hardship to qualifying relative; no waiver for certain crimes |
| Criminal Grounds (certain crimes) | INA § 212(a)(2) | Permanent | I-601 filing fee: $930 | Yes — I-601 (limited) | Not available for aggravated felonies; must show 15+ years rehabilitation |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results firm-wide with over 93% favorable outcomes. Mr. Sris personally amended Virginia Code § 20-107.3 (equitable distribution statute) and is frequently consulted by Indian Consulate officials in Washington, D.C. on U.S. legal matters. The firm’s immigration practice is led by Mr. Sris, who has extensive experience with I-601 waivers, deportation defense, and family-based immigration. The firm’s motto is “Advocacy Without Borders.”
SRIS actively practices in New York County (Manhattan) immigration matters. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across VA, MD, NJ, NY, and DC. These results include successful I-601 waivers, green card approvals, naturalization, and deportation defense victories.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Hwy, all subway lines, Lincoln/Holland Tunnels, and the GW Bridge. We serve all Manhattan neighborhoods including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
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Law Offices Of SRIS, P.C. — New York Location
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Q: What is an I-601 waiver and who needs it?
Yes. An I-601 waiver is for foreign nationals who are inadmissible to the U.S. due to unlawful presence, fraud, certain criminal convictions, or health grounds. It allows them to obtain a green card or immigrant visa if they can show extreme hardship to a U.S. citizen or LPR spouse or parent.
Q: How long does it take to get an I-601 waiver approved in New York County?
It depends. USCIS processing times for I-601 waivers vary widely, typically 6-18 months for affirmative filings. For waivers filed in removal proceedings at New York Immigration Court, timelines depend on court dockets, which can be 2-5+ years due to significant backlogs.
Q: What is the extreme hardship standard for an I-601 waiver?
Extreme hardship is a higher standard than mere hardship. It requires showing that the qualifying relative (U.S. citizen or LPR spouse/parent) would suffer hardship beyond the normal consequences of separation. Factors include family ties, health conditions, financial impact, country conditions, and ability to relocate.
Q: Can I apply for an I-601 waiver if I am in removal proceedings?
Yes. If you are in removal proceedings at the New York Immigration Court (26 Federal Plaza or Varick Street), you can file an I-601 waiver with the Immigration Judge as part of your defense against removal. The judge has jurisdiction to adjudicate the waiver application.
Q: What evidence do I need for an I-601 waiver?
You need evidence demonstrating extreme hardship to your qualifying relative. This includes medical records, psychological evaluations, financial documents, country conditions reports, affidavits from family and friends, and any other evidence showing the hardship would be extreme.
Q: How much does an I-601 waiver cost?
The USCIS filing fee for Form I-601 is $930 as of 2026. Additional costs may include biometrics fees ($85), legal fees for attorney representation, and costs for obtaining supporting evidence such as medical evaluations or country conditions reports.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.