How an I-601 Waiver Can Help If You Entered the U.S. Under Someone Else’s Name
By Alena Shautsova, New York Immigration Lawyer
For many immigrants, the path to lawful permanent residency in the United States is filled with obstacles—especially if their initial entry into the U.S. involved using someone else’s identity. This situation is more common than many realize. People fleeing persecution, violence, or desperate circumstances often make split-second decisions to save their lives and families.
But what happens years later, when the person develops strong ties in the United States and becomes eligible to adjust status through a U.S. citizen spouse, parent, or even an adult U.S. citizen child? Are they barred forever because they used another person’s name to enter?
The answer is: Not always. In many cases, a person may still become a lawful permanent resident by applying for a Form I-601, Application for Waiver of Grounds of Inadmissibility. Below, I explain how an I-601 waiver works in this specific scenario, what it can and cannot fix, and what evidence is needed to prove the required “extreme hardship.” All legal references are based on USCIS policy (uscis.gov) and my own firm’s published resources at shautsova.com.
Understanding the Issue: Entry Under Another Person’s Name
When a noncitizen enters the United States using someone else’s identity—whether a visa, border crossing card, or name—they may be accused of “fraud or willful misrepresentation” under INA §212(a)(6)(C)(i). This is a lifetime ban unless a waiver is approved.
But here is the critical detail:
If the person used someone else’s name to present themselves for inspection at the border or airport, and they were inspected and admitted, they may still qualify for adjustment of status under INA §245(a).
This can be life-changing.
What an I-601 Waiver Can Forgive
A properly prepared I-601 waiver can waive fraud or misrepresentation if the applicant has a qualifying relative and can prove that the relative would suffer extreme hardship.
Qualifying relatives for this type of waiver include:
- A U.S. citizen or lawful permanent resident spouse, or
- A U.S. citizen or lawful permanent resident parent.
Note: Children are not qualifying relatives for this waiver type.
If approved, the waiver erases the inadmissibility finding and allows the applicant to complete the green card process.
Important Limitation: The Waiver Cannot Fix U.S. Passport Misuse
A key point for many cases is what the I-601 waiver cannot forgive.
❌ Misuse of a U.S. passport or claiming U.S. citizenship does NOT qualify for an I-601 waiver.
If the individual entered the U.S. using a U.S. passport that belonged to another person, this results in allegations of a false claim to U.S. citizenship, which is not waivable in most circumstances.
However, using another person’s name—not a passport—may still be waivable, as long as:
- The individual presented themselves for inspection, and
- They were admitted or paroled into the U.S., even under a false name.
This distinction is essential and can determine whether the entire case is possible.
For more information on how USCIS evaluates waivers of fraud, see uscis.gov/i-601.
Additional guidance on inspection and admission can be found in USCIS Policy Manual, which you can access through uscis.gov.
Proving Inspection and Admission Under Another Name
USCIS must be convinced that:
- The person was inspected,
- The person was admitted, and
- The person used that false identity specifically for that inspection/admission.
Evidence may include:
- Records from CBP or FOIA requests that show an entry under the false name
- Old visas or entry documents that match the circumstances
- Airline or bus tickets
- Statements or affidavits
- Any documentation showing presence in the U.S. shortly after the claimed entry date
- I-213 or CBP records obtained through an attorney’s FOIA request
Once inspection and admission are established, the applicant may proceed with an adjustment application, supported by an I-601 waiver packet.
Extreme Hardship: The Heart of the I-601 Waiver
To win the I-601 waiver, it is not enough to show that the immigrant themselves will suffer hardship.
USCIS requires proof of extreme hardship to the qualifying relative (spouse or parent).
Hardship must be beyond the usual effects of family separation.
USCIS lists the relevant factors on uscis.gov, and my firm summarizes them on shautsova.com.
Hardship factors include but are not limited to:
- Medical issues
- Psychological or emotional conditions
- Financial dependence
- Educational disruption
- Family ties in the U.S.
- Country conditions abroad
- Language barriers
- Career losses
- Responsibilities to other dependents
- Prior trauma
- Cultural or religious limitations
The strongest cases include multiple interacting hardships.
Documents to Prove Extreme Hardship
To build a persuasive hardship packet, applicants should gather as many objective documents as possible. Below is a recommended list:
- Medical Evidence
- Doctor letters
- Medical records
- Prescription lists
- Disability documentation
- Treatment plans
- Insurance explanations of benefits
- Psychological Evidence
- Evaluations from a licensed psychologist
- Therapy records
- Notes on anxiety, depression, PTSD, or stress disorders
- Financial Evidence
- Tax returns
- Pay stubs
- Bills and expenses
- Proof of financial dependence
- Childcare or eldercare invoices
- Rent/mortgage statements
- Bank statements showing inability to maintain two households
- Educational or Developmental Records
- Reports of special needs for children or family members
- School evaluations
- Letters from educators
- Family Responsibility Documentation
- Caregiver responsibilities
- Statements from doctors regarding the relative’s reliance on the applicant
- Custody orders or child support records
- Country Conditions Evidence (for relocation hardship)
- U.S. Department of State reports
- Human rights documentation
- Economic data
- Crime statistics
- Reports on medical care availability
(These can be cited from public sources; USCIS accepts them.)
- Affidavits
- A detailed affidavit from the qualifying relative
- The applicant’s personal affidavit
- Statements from friends, family, employers, or clergy
- Proof of Rehabilitation and Good Moral Character
- Letters of support
- Community involvement
- Volunteer work
- Certificates or accomplishments
- Tax compliance
How My Office Helps
At the Law Office of Alena Shautsova, we evaluate each case individually to determine whether:
- The person is eligible for adjustment of status,
- A waiver is available,
- The evidence supports inspection and admission,
- Extreme hardship can be proven using USCIS standards, and
- Any risks exist, such as prior deportation orders or other admissibility issues.
We prepare comprehensive I-601 waiver packets, including legal briefs, hardship analysis, and all supporting documents, giving clients the best chance of success.
More resources about waivers and adjustment of status can be found on my website:
👉 www.shautsova.com
Conclusion
Entering the U.S. under someone else’s name does not automatically prevent a person from becoming a lawful permanent resident. With proper legal strategy, evidence of inspection and admission, and a strong I-601 waiver supported by thorough hardship documentation, many people can still obtain a green card without leaving the United States.
If you or someone you know is in this situation, professional guidance is essential. Every case is unique, and the stakes are high.
Contact Information
Law Office of Alena Shautsova
New York Immigration Lawyer
📞 917-885-2261
🌐 www.shautsova.com
