Waivers of Inadmissibility in Marriage-Based Green Card Cases: What You Need to Know

Applying for a green card through marriage is often seen as one of the more straightforward paths to U.S. residency—but for many couples, the process becomes complicated by a finding of inadmissibility. If you or your spouse has been told you're inadmissible to the United States, don’t lose hope. You may be eligible for a waiver of inadmissibility, which can allow your marriage-based green card application to move forward.

What Does "Inadmissible" Mean in a Marriage Case?

When applying for a green card based on marriage to a U.S. citizen or lawful permanent resident, the government checks whether the foreign spouse is eligible to enter or remain in the U.S. under immigration law. If they are found to have violated certain rules—such as unlawful presence, fraud, or past criminal convictions—they may be deemed inadmissible.

This can come as a shock, especially to couples who thought they were doing everything right. The good news? A waiver can often fix the problem—if it’s handled correctly.

Common Grounds of Inadmissibility in Marriage-Based Cases

• Unlawful presence (e.g., overstaying a visa or entering without inspection)

• Misrepresentation or fraud (e.g., using a fake document or lying to immigration officers)

• Certain criminal offenses

• Prior immigration violations or deportations

How a Waiver Can Help

If you’re found inadmissible, you may be able to apply for a waiver—a legal form of forgiveness that allows you to continue with your green card process.

For marriage-based cases, the two most common waivers are:

1. I-601A Provisional Waiver (for unlawful presence)

This waiver is available for spouses of U.S. citizens or green card holders who are in the U.S. without lawful status and need to leave the country for consular processing. The I-601A lets you apply for a waiver before leaving, so you can avoid long separations from your spouse.

2. I-601 Waiver (for other grounds, like fraud or certain crimes)

If you're outside the U.S. or dealing with issues other than unlawful presence, the I-601 waiver might apply. You’ll need to prove that denying you entry would cause extreme hardship to your U.S. citizen or green card holder spouse (or sometimes parent).

What Is “Extreme Hardship”?

This is one of the most important parts of a waiver application. It’s not enough to show that your spouse would miss you or be sad if you were separated. You need to demonstrate real and substantial hardship, such as:

• A medical condition that your spouse can’t manage without you

• Financial strain due to the loss of your income

• Psychological impact from the separation

• Career or educational disruption if they have to move abroad

The more documentation you can provide, the better your chances of success.

Why You Shouldn’t Do This Alone

Marriage-based waiver cases are complex. The emotional toll of being separated from a spouse—combined with confusing paperwork and strict legal requirements—can make the process overwhelming.

As an immigration attorney, I help couples by:

• Analyzing your case to see if a waiver is available

• Preparing a strong, well-documented application

• Writing a detailed legal brief that explains why your waiver should be approved

• Helping you prepare for consular interviews or USCIS appointments

Mistakes or weak evidence can result in denial—and months or even years of additional waiting. Getting it right the first time matters.

Final Thoughts

Facing a finding of inadmissibility in a marriage-based green card case is scary—but it’s not the end of your journey. With the right legal strategy and support, many couples are able to overcome these obstacles and move forward together.

If you and your spouse are dealing with inadmissibility issues, reach out to our office for a consultation. We’ll guide you every step of the way and fight for your future—together.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, including a potential inadmissibility finding, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.