APPLICATION FOR WAIVER OF GROUNDS OF INADMISSIBILITY FORM I-601

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FORM I-601

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.
NOTE: Use Form I-601A, Application for Provisional Unlawful Presence Waiver, to request a provisional waiver of the ground of inadmissibility for unlawful presence in the United States under Immigration and Nationality Act (INA) section 212(a)(9)(B) only. DO NOT use Form I-601 if you are applying for a provisional unlawful presence waiver.

WHO MAY FILE FORM I-601?

Whether you are eligible for a waiver depends on the immigration benefit you are seeking and the reason for your inadmissibility. Below is a list that details which immigrant benefits allow for a waiver of certain grounds of inadmissibility.

HOW TO FILL THE FORM I-601?

You can fill out the form on a computer, typewriter or by hand. If you are filing it out by hand, you must write neatly in black ink. It is very important answer all of the questions. If a question does not apply, type or write “NA” in the appropriate space. Attach separate pieces of paper to the form if you need more room to answer any questions. Include your name and Alien Registration Number (if applicable) at the top of each one, and specify which question you are answering by including the number before the answer. Be sure to sign the form in the space provided. USCIS automatically rejects any forms that are incomplete and/or unsigned. You must submit the required fees and all supporting documents to USCIS along with the application.

DOCUMENT CHECKLIST

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. In Part 6., Item Number 9., include a statement explaining why you believe your application should be approved as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case. If you include a separate letter that contains the statement explaining why you believe your application should be approved as a matter of discretion, you must type or print into the space provided in Item Number 9. that you are attaching a letter. The letter must be submitted at the same time as your Form I-601 application.

NOTE: If you are filing as an SIJ, and seeking a waiver under INA section 245(h), you may explain in Part 6., Item Number 9., why your waiver should be granted for humanitarian purposes, family unity, or other reasons in the public interest.

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 a ground of inadmissibility that requires a showing of extreme hardship and you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, the fiancé(e) of a U.S. citizen, or if you are a VAWA self-petitioner (or his or her child), you must submit evidence establishing the family relationship (such as a birth certificate or marriage certificate, etc.) and include evidence that shows your denial of admission would result in extreme hardship to your qualifying relative (the U.S. citizen or lawful permanent resident spouse, parent, child, or your U.S. citizen fiancé(e)), or to yourself (or other qualifying individuals) if you are a VAWA self-petitioner. Pay close attention to the qualifying relationship that you have to establish. While the relationships appear to be similar, the various waiver provisions contain different qualifying family relationships. The requirements that need to be established for each waiver are listed in Reasons for Inadmissibility. In Part 5., Item Number 9., include a statement explaining why your denial of admission would result in extreme hardship to your qualifying relative. If you include a separate letter that contains the statement, you must type or print into the space provided in Item Number 9. that you are attaching a letter. The letter must be submitted at the same time as your Form I-601 application.

Evidence of extreme hardship may include, but is not limited to:

  • Affidavits from the qualifying relative or other individuals with personal knowledge of the claimed hardships;
  • Expert opinions;
  • Evidence of employment or business ties, such as payroll records or tax statements;
  • Evidence of monthly expenditures such as a mortgage, rental agreement, bills and invoices;
  • Other financial records supporting any claimed financial hardships;
  • Medical documentation and/or evaluations by medical professionals supporting any claimed medical hardships;
  • Records of membership in community organizations, volunteer confirmation, and evidence of cultural affiliations;
  • Birth, marriage, or adoption certificates supporting any claimed family ties;
  • Country-condition reports; and
  • Any other evidence you believe supports the claimed hardships.

FORM I-601 FILING INSTRUCTIONS

Filing Fee: The filing fee for Form I-601 is $535. $930. You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.

Fee Waiver: A fee waiver request will be accepted from a VAWA self-petitioner, an applicant for a T visa, battered spouse or child of a lawful permanent resident or U.S. citizen, an applicant for Temporary Protected Status, or an alien for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) of the Act is not required at the time of their application for admission or adjustment of status. Please see uscis.gov/feewaiver for more information.

Where To File?  The filing location depends on the immigration benefit you are seeking. To view a complete list of addresses, go to our Direct Filing Addresses webpage.

ONE OF OUR LEGAL SERVICES: ATTORNEY APPLICATION REVIEW

THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION

APPLICATION REVIEW

$677
  • Check Your Eligibility
  • Attorney’s Consultation(s) (The lawyer will guide you through the application process)
  • Less Questions, Faster Application (Easy-To-Use Software To Fill Out Immigration Forms)
  • Instant Alerts Help You Avoid Mistakes (Automatic Help and Tips on Complicated Questions; Instant Alerts To Help Avoid Mistakes; Automatic Help and Tips on Complicated Questions)
  • Technical Support (Access And Share Your Completed Forms After You File)
  • Ensures Completeness (Instant Alerts To Help Avoid Mistakes)
  • Documents checklist (Personalized Supporting Documents and Evidence Checklist)
  • Personalized Instructions (Personalized Guidance And Instructions On Where To File)
  • Case submission (Automatic Case preparation guidance)
  • Case Status Online Check (Link to case Updated)
  • Shipping Label With Tracking Number

ATTORNEY REPRESENTATION

$2799
  • Check Your Eligibility
  • Attorney’s Consultation(s) (The lawyer will guide you through the application process)
  • Less Questions, Faster Application (Work with your lawyer to prepare your application)
  • Instant Alerts Help You Avoid Mistakes (After your lawyer reviews your forms, they’ll call you to discuss any errors or answer your questions about your forms)
  • Technical Support (Access And Share Your Completed Forms After You File)
  • Ensures Completeness (Once it’s complete, Attorney do a final review and file the paperwork with the US government on your behalf)
  • Documents checklist (Work with your lawyer to prepare your application)
  • Personalized Instructions (Personalized Supporting Documents and Evidence Checklist)
  • Case submission (Your attorney will give you a checklist and guide you through the process collecting supporting evidence)
  • Case Status Online Check (Work with your lawyer to prepare your application)
  • Preparation for Immigration Interview (Your lawyer will file the application on your behalf)
  • Immigration Interview appearance ** (Included case by case and location)
  • Shipping Label With Tracking Number

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