Certain individuals cannot obtain an I-601 waiver due to facts in their immigration history which preclude a waiver from applying to their cases. An individual is not eligible for a waiver under the following circumstances:
1.The individual is subject to the permanent bar due to:
a. Unlawful presence in the United States for more than one year after April 1, 1997 followed by a departure from the United States and a return to the United States without inspection; or
b. Removal from the United States after April 1, 1997 and a return to the United States without inspection.
2. The individual has falsely claimed to be a United States citizen unless a limited exception applies. This very narrow exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 applies, in the case of an alien making such a representation, if:
3. The individual has been a member of a criminal gang.
4. The individual has a controlled substance conviction or a guilty plea, even if subsequently dismissed due to completion of an ARD, etc., for any substance other than simple possession of less than 30 grams of marijuana for personal use;
5. The individual failed to attend a removal hearing in the United States and has not been outside the United States for five years;
6. The individual has a previous finding of marriage fraud in a prior immigration application; or
7. The individual previously filed for asylum and the application was found to be a frivolous asylum application.