WAIVER I-601

I-601, Application for Waiver of Grounds of Inadmissibility

I-601 Waiver

Here is an overview of Form I-601, including eligibility requirements, instructions, and required documentation.

Article Contents

What is I-601 waiver?

The I-601 Application for Waiver of Grounds of Inadmissibility is a type of immigration waiver that enables non-citizen aliens to immigrate to the United States legally. The I-601 waiver allows undocumented citizens to adjust their status to permanent residence or even seek admission to the United States in a non-immigrant status, thereby enabling them to avail themselves of certain immigration benefits. Therefore, one must meet certain conditions to be eligible for this application. You can request a waiver if your immigration application process finds you inadmissible to the United States. Applicants who are applying from outside of the United States frequently use Form I-601.

Note: You cannot file an application using Form I-601 for a waiver for accrual of unlawful presence that lasted less than one year or more than one year within a single stay. DO NOT use Form I-601 if you are applying for a provisional unlawful presence waiver.

What Is the Purpose of Form I-601?

Form I-601 requests a waiver of specific grounds of inadmissibility if:

You are seeking an immigrant visa.
You are pursuing an adjustment of status.
You are seeking certain non-immigrant status.
You are requesting certain other immigration benefits

Who Qualifies for Form I-601?

Important note: The Immigration and Nationality Act (INA) provides particular grounds that make you inadmissible, and specific visa categories cannot be considered for all categories of inadmissibility. Also, you may be only able to request waivers for particular categories based on the kind of visa you're seeking. For more information on this, go through "Who may file Form I-601?" in the directions for Form I-601.

Who is eligible to file Form I-601?

Eligibilty Criteria:

To be eligible to submit Form I-601, the following immigrant benefits that permit the waiver of specific grounds of inadmissibility are specified.

You are an applicant for an immigrant visa or a K or V visa. You are outside the United States and have had a visa interview with a consular officer. During the interview, you were found to be inadmissible.
You are an applicant for Adjustment of Status to lawful permanent residence, although this does exclude some adjustment categories.
You are an applicant for Temporary Protected Status (TPS).
You are an applicant for Adjustment of Status under the Nicaraguan Adjustment and Central American Relief.
You are an applicant for an immigrant visa or Adjustment of Status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner.
You are an applicant for Adjustment of Status based on T non-immigrant status.
You are an applicant for Adjustment of Status as a Special Immigrant Juvenile (SIJ) based on an approved Form I-360.

Form I-601 Waiver Requirements

Filing Form I-601

Form I-601 is among the forms you can use to apply for a waiver of your inadmissibility. The United States Citizenship and Immigration Services (USCIS) provides it free. To complete the form, specific instructions are given on the USCIS official website to complete the application process , or you will be required to provide the information listed below:

your name(s), biographic information, what USCIS calls your "alien registration number," USCIS number, Social Security number, and contact details
your address
information about where you were born
dates and details of your prior entries into the United States
your immigration history, including whether you are in removal, exclusion, or deportation proceedings or are currently subject to a final order of removal
your criminal history, including whether you have ever been jailed in the U.S. or any other country or have committed certain crimes such as killing someone, severely injuring someone, or participating in torture or genocide
information about your immigrant visa case, including whether you are immigrating under the Diversity Visa Program, an immediate relative petition, a preference-based family petition, an employment-based petition, or a special immigrant/widow petition
information about your qualifying U.S. relatives ( name, address , contact information)
an applicant statement (extreme hardship) and certification
contact information for any interpreter who assisted with the form and anyone who helped prepare the form

Important Note: At your appointment, USCIS will permit you to complete the application process only if you are able to confirm, under penalty of perjury, that all of the information in your application is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return for another appointment.

For more details on these and to determine if you qualify for a waiver, visit www.uscis.gov/I-601.

How to Apply for an I-601 Waiver?

Form I-601

If you are outside the U.S. and a U.S. consular officer finds that you cannot get a visa due to inadmissibility, you can apply for a waiver.

Once the consular official confirms your eligibility for a waiver, submit Form I-601 (and Form I-212 if you underwent deportation or removal from the United States) to USCIS. You can choose to submit your application by mail or online. Then, USCIS will decide on your application and notify you and the consular officer. It is essential to include supporting evidence and details for the waiver when submitting your form.

If denied, you may be able to appeal the decision or file a motion to reopen or reconsider the decision (Form I-290B).

Grounds for Inadmissibility for Form I-601

Visa applicants for immigration, applicants for K and V non-immigrant visa holders, and those who have been deemed inadmissible to adjustment of status to lawful permanent residency at their consular interview in another country can seek relief from inadmissibility based on the following reasons:

Health-related grounds for inadmissibility
Inadmissibility for contagious diseases relevant to public health
Legal residents seeking exemption from the requirement to be vaccinated in light of their moral convictions or religious views can do so by submitting a request to the section.
An illness of the mind or body that threatens or is threatening your property, safety, well-being, or the security of other people
Particular criminal grounds for denial of admission
Deception and fraud in immigration
An affiliation with a political party that is dictatorial
Foreign smugglers
3 year or 10 year unlawful presence

Note: Immigrants who have been within the United States illegally for more than three years or more than ten years are subjected to a three-year or ten-year bar.

For more details on these grounds and to determine if you qualify for a waiver, visit www.uscis.gov/I-601.

Cost of Form I-601

Filing Form I-601, an Application for Waiver of Grounds of Inadmissibility, requires a non-refundable I-601 waiver fee of $1050 as of Sep 19, 2024, which must be paid upon submission. Exceptions apply in humanitarian visa applications (T or U visa, Special Immigrant Juvenile Status (SIJS), or Afghanistan and Iraqi interpreter applicants).

What evidence should you submit?

In support of your application, you should provide evidence that establishes why you may qualify for a waiver of inadmissibility. In all cases, you must show that the approval of your application is warranted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

Depending on the type of waiver you seek, this information and evidence may include, but is not limited to:

Affidavits from you or other individuals
Police reports from any country you lived in
Complete court records about any conviction or charge from any country
If applicable, evidence of rehabilitation
Any evidence you may wish to submit to establish that your admission to the United States would not be against the national welfare, public safety, or national security
Medical reports
If you are applying for a waiver from extreme hardship grounds and are the spouse, parent, son, daughter, fiancé(e), or VAWA self-petitioner, you must submit evidence establishing the family relationship and show that denial of admission would result in extreme hardship to your qualifying relative or yourself, if you are a VAWA self-petitioner.

Important Note:

The I-601 waiver requires the applicant to prove that deportation would lead to an extreme or insurmountable hardship. If you require assistance in proving an extreme hardship case, reach out to Melendez Legal.

Schedule your FREE CONSULTATION with an experienced attorney today. Take the first step to resolve your legal problems. or Visit Cartaspro if you require assistance in writing your letter providing evidence of extreme hardship for immigration purposes. You can count on them to offer you the most helpful advice in the most effective way.

Submitting Form I-601

Note: If filing online, follow the instructions on the USCIS website or visit Form I-601 Instructions.

It depends on what kind of application for a visa or immigration benefits you're submitting, although in certain instances where applicants know they will likely be found inadmissible in advance, preemptively submitted before being asked by immigration authorities may also allow early submission.

In other cases, you must follow the instructions from whatever immigration-related agency or consulate informed you of your inadmissibility and offered you an opportunity to request a waiver.

Key considerations:

Before filing, always double-check the latest fees, as USCIS often raises them.
If USCIS denies your waiver application, you can file an appeal or motion to reopen or reconsider using Form I-290B.

For up-to-date information on where to file Form I-601, visit the website at www.uscis.gov/I-601 or contact the National Customer Service Center at 1-800-375-5283. If you are deaf or hard of hearing, please call TTY at 1-800-767-1833.

I-601 Waiver, Processing Time

How long is I-601 waiver valid?

If you are granted a waiver of grounds of inadmissibility in connection with your immigrant visa or adjustment of status application, the waiver is valid indefinitely. This is true even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, or if you lose your legal permanent resident (LPR) status.

Validity of the I-601 Waiver of Grounds for Inadmissibility

The majority of Form I-601 waivers, which are valid for an indefinite amount of time, only address the inadmissibility grounds listed on your application form. To address other issues, a new application for waiver should be filed; in certain instances, conditional or temporary waivers may also exist; please consult Form I-601 instructions for more details.

Note: If this Form I-601 is approved, the waiver that is granted will apply only to the grounds of inadmissibility and those crimes, incidents, events, or conditions that you have included in your application. For this reason, it is important that you disclose all conduct or conditions that may cause you to be inadmissible and list all grounds of inadmissibility for which you seek a waiver.

How long does it take for an I-601 waiver to be approved in 2024?

I-601 Waiver processing times Sep 2024:
USCIS will carefully consider your Form I-601 application and all supporting documents and evidence before initiating its processing. This will be a lengthy process (average processing time for Form I-601 is between 31.5 and 34 months). For Sep 2024, the USCIS has projected that the average I-601 processing time will be 28 months. Make your submission as comprehensive and detailed as possible to avoid delays.

Frequently Asked Questions (FAQs)

Q1 . What are the differences between I-601 and I-601A waivers?

Individuals who are not eligible for a visa or green card can apply for I-601 and I-601A waivers. The main difference between the two is that I-601 is usually applied for after a visa interview, while I-601A can only be filed before leaving the U.S. to seek consular processing. This means that people in the U.S. seeking unlawful presence waivers can get provisional waivers before leaving, so they don't have to be away from their families for too long.

Q2 . Can I apply for an I-601 waiver while in the United States?

Yes, an I-601 waiver application may be submitted while in the United States by individuals applying for certain immigration benefits and encountering grounds of inadmissibility due to unlawful presence, criminal convictions, or other issues, though typically, this occurs after either being denied visa entry or discovered to be ineligible during application processes. Conversely, individuals seeking a provisional waiver of unlawful presence status can explicitly file I-601A waivers from within the U.S.

Q3 . If my waiver receives approval, what are my next steps?

If your I-601 waiver is approved, it means that U.S. Citizenship and Immigration Services (USCIS) has determined that you meet the requirements to overcome the specific grounds of inadmissibility. For the I-601 waiver, an approval allows you to proceed with your visa or green card application.

Q4. Are there any fast track options available for I-601 waivers?

Although there is no formal expedited processing option for I-601 waivers, you can request expedited processing under certain circumstances, such as severe financial loss, urgent humanitarian concerns, or US government interests. USCIS will consider your request and expedite the waiver if necessary.

Q5. How Can I Demonstrate Extreme Hardship?

To establish extreme hardship on an I-601 waiver application, you must demonstrate that if denied admission, you would cause significant distress for your U.S. citizen or lawful permanent resident family members in terms of finances, medical issues, lost education opportunities, and emotional/psychological impacts. When making this case, it's essential to provide detailed evidence such as medical records, financial statements, expert opinions, and affidavits to substantiate your case.

¿Qué es un formulario I-601 Perdón (Exención)?

¿Quién califica para obtener el formulario I-601 Perdón (Exención)?

Propósito

Criterios de elegibilidad

Requisitos del formulario I-601 Perdón (Exención)

Llenar el formulario I-601

¿Cómo aplicar para el formulario I-601?

Causal de Inadmisibilidad

Costo del formulario I-601

¿Qué evidencia debes enviar?

I-601 perdón (exención), tiempo de procesamiento

¿Durante cuánto tiempo es válido el formulario I-601 de perdón (exención)?