This page is general information, not legal advice. Have an immigration representative identify the inadmissibility ground and applicable waiver before you file.
Quick summary: Form I-601 seeks a waiver of certain grounds of inadmissibility; eligibility depends on both the immigration benefit and the ground. For a provisional waiver of unlawful presence under INA 212(a)(9)(B), USCIS directs applicants to I-601A, not I-601.
For Guatemalan applicants, the starting point is the finding in the case and the USCIS instructions that apply to it. This guide does not add a Guatemala-specific eligibility rule. The I-601A provisional-waiver guide covers that separate route.
Start with the visa category and inadmissibility finding
The I-601 instructions include applicants for immigrant, K or V visas who are outside the United States, have attended a consular interview and were found inadmissible during that interview. They also cover adjustment applicants and additional categories under separate rules. Being in a listed category does not, by itself, establish that a particular ground can be waived.
For the immigrant/K/V and general adjustment category, the instructions list health grounds, certain criminal grounds, immigration fraud or misrepresentation, totalitarian-party membership, alien smuggling, civil penalties, and the unlawful-presence bars among the grounds for which relief may be sought. Each has its own conditions.
Use the actual ground cited in your case. Do not select a waiver by matching only the word inadmissible.
Match the evidence to the applicable waiver
These are selected distinctions in the instructions, not a complete eligibility table:
| Issue | What the instructions distinguish | Evidence question to resolve |
|---|---|---|
| Immigration fraud or material misrepresentation | For the stated family route, extreme hardship to a qualifying US citizen or permanent resident spouse or parent, or K visa petitioner (for K-1/K-2 applicants, approval is conditioned on the marriage to the petitioner after admission); separate VAWA provisions apply | Which qualifying relationship and hardship rule applies? |
| False claim to US citizenship | For a false claim on or after September 30, 1996, the instructions say a waiver under INA 212(i) is unavailable | Is the finding fraud/misrepresentation or this different ground? |
| Unlawful-presence waiver | The instructions require extreme hardship to a qualifying US citizen or permanent resident spouse or parent, or K visa petitioner (for K-1/K-2 applicants, approval is conditioned on the marriage to the petitioner after admission); special categories have separate instructions | Is this an I-601 case or a request for the provisional I-601A route? |
| Evidence supporting discretion | Favorable factors must outweigh unfavorable factors | What records substantiate both eligibility and the request for favorable discretion? |
Do not treat a relationship that qualifies for one waiver as qualifying for every waiver. USCIS expressly warns that the family relationships differ among the provisions.
Assemble records supporting the specific grounds
Depending on the waiver sought, USCIS lists affidavits, police reports from countries where the applicant lived, complete court records for charges or convictions, rehabilitation evidence and medical reports. For a waiver requiring extreme hardship, it calls for evidence of the qualifying family relationship and the claimed hardship.
The hardship evidence examples include medical documentation, employment or business records, monthly expenses, other financial records, family certificates and country-condition reports. These are evidence categories, not findings that a particular hardship exists in Guatemala. State what your own records establish.
The instructions require a statement explaining why favorable discretion is warranted. If you put the discretion or hardship statement in a separate letter, the instructions say to type or print in Item Number 9 of the relevant part that you are attaching a letter, and to submit the letter at the same time as Form I-601. USCIS says mere assertions are insufficient: support the application with documents or explain in detail why the evidence cannot be obtained.
Check translations, fees and the filing destination
The I-601 instructions require a full English translation of a foreign-language document, certified as complete and accurate by a translator who also certifies competence to translate into English. The certification must include the translator’s signature, printed name, signature date and contact information. This applies when submitting documents in Spanish.
For the filing fee, the instructions direct applicants to Form G-1055. The captured schedule landing page identifies edition 10/26/26. Check the entry for your filing category before paying; this guide does not state a dollar fee.
For the current filing destination, the instructions direct applicants to USCIS’s I-601 page. Do not substitute an address from the provisional-waiver guide.
Related tasks are covered in permission to reapply with I-212 and finding accredited immigration help.
Sources
- USCIS I-601 instructions, edition 01/20/25; read 31 October 2026.
- USCIS G-1055 fee schedule landing page; read 31 October 2026.
Frequently Asked Questions
Is I-601 the provisional unlawful-presence waiver?
No. USCIS instructs applicants seeking the provisional unlawful-presence waiver under INA 212(a)(9)(B) to use I-601A, not I-601.
Can an applicant outside the United States file I-601?
The instructions include immigrant, K and V visa applicants outside the United States who have had a consular interview and were found inadmissible. Eligibility also depends on the ground and waiver requirements.
Does every I-601 waiver use the same qualifying relative?
No. USCIS says the qualifying family relationships differ among waiver provisions. Use the requirements for the particular inadmissibility ground.
Is a personal statement enough to establish hardship?
The instructions call for documentary evidence or a detailed explanation of why it cannot be obtained. They say mere assertions are insufficient and medical assertions need a medical professional’s statement.
