08/27/2026
I-601 Denied, Then Approved on Second Try – Green Card Won, Family Kept Together
❓ Can you file a second I-601 waiver after a denial?
❓ What happens if USCIS finds misrepresentation on a tourist visa from years ago?
❓ Can a U.S. citizen child strengthen an extreme hardship case?
❓ What does "extreme hardship" actually mean for an I-601 waiver?
❓ Can a second waiver filing succeed where the first one failed?
If your I-601 waiver was denied and you are facing a marriage-based green card case involving misrepresentation, this case may be critical to your immigration strategy.
Sabrina Li is certified by the State Bar of California as a Legal Specialist in Immigration and Nationality Law – an honor held by less than 1% of attorneys.
Our client entered the U.S. on a B-1/B-2 visa in 2014 and later married a U.S. citizen. Years earlier, her tourist visa application misstated her marital status – presenting her as still married when that marriage had already ended. USCIS found her inadmissible under INA § 212(a)(6)(C)(i). Her first I-601 waiver was denied in 2020.
We refiled her green card application in 2023 and rebuilt the waiver from the foundation. Crucially, circumstances had changed: after years of fertility struggles, the couple now had a U.S. citizen child. That reality transformed the hardship picture.
USCIS approved the I-601 waiver on April 30, 2026. Her I-485 was approved on May 20, 2026 – green card granted. The family stayed together.
Key takeaway: A denied I-601 waiver is not the end. A second filing with the right strategy can succeed.
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Disclaimer: For informational purposes only. Not legal advice.