Application for Waiver of Grounds of Inadmissibility (2024)

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.

You must submit all11 pages.

Forms and Document Downloads

Form I-601 (PDF, 600.79 KB)

Instructions for Form I-601 (PDF, 490.51 KB)

Flowchart: Filing Certain Waivers of Inadmissibility (PDF, 578.67 KB)

Form Details

Edition Date

04/01/24. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions.

Where to File

The filing location depends on the immigration benefit you are seeking.To view a complete list of addresses, go to ourDirect Filing Addressespage.

Filing Fee

You can find the filing fee for Form I-601 by visiting our Fee Schedule page.

Through Sept. 30, 2024, there is no fee to file Form I-485, Application to Register Permanent Residence or Adjust Status, on the basis of classification as an Afghan special immigrant, or for any associated biometric services or to file an associated Form I-601.

Through Sept. 30, 2024, there is no fee to file Form I-601 individually with an approved Form I-130, Petition for Alien Relative, filed with USCIS in the United States for an Afghan national (beneficiary) who has a visa immediately available.

You can pay the fee with a money order, personal check, cashier’s check orpay by credit card or debit 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.

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. If you pay by credit card or debit card, you cannot later dispute the payment. Use our Fee Calculator to help determine your fee.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-601. The checklist is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your forms.Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.

Did you provide the following?

  • Evidence that establishes why you may qualify for a waiver of inadmissibility, which depends on the ground(s) of inadmissibility that apply to you and should include evidence to show why we should grant you a waiver of inadmissibility as a matter of discretion.
  • Evidence to support your claim of extreme hardship (if applicable).
    • If applying for a waiver that requires you to a showing of extreme hardship to a spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident, you must submit evidence establishing the family relationship and evidence that shows the denial of admission would result in extreme hardship to your qualifying relative.
    • If you are a VAWA self-petitioner seeking a waiver for immigration fraud or misrepresentation, you may show how the denial of admission would result in extreme hardship to your qualifying relatives or yourself.
  • Evidence to support a waiver for inadmissibility due to a communicable disease of public health significance (if applicable).
  • Evidence to support your request for a vaccination exemption (if applicable).
  • Evidence to support a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (if applicable).
  • Evidence to support a waiver of criminal grounds of inadmissibility found in INA section 212(a)(2) (if applicable)
  • Evidence to support waiver for immigration fraud or misrepresentation (if applicable).
  • Evidence to support a waiver for inadmissibility because of your membership in a totalitarian party (if applicable).
  • Evidence to support a waiver for inadmissibility due to alien smuggling (if applicable).
  • Evidence to support a waiver of inadmissibility due to being the subject of a civil penalty under INA section 212(a)(6)(F) (if applicable).
  • Evidence to support a waiver of the 3-or 10-year unlawful presence bar under INA section 212(a)(9)(B)(v) (if applicable).
  • If you are a TPS applicant, evidence that a waiver is warranted.
  • Evidence that you warrant a waiver of inadmissibility based on factors that would be considered if you were seeking consent to reapply if you are seeking adjustment of status under NACARA section 202 or HRIFA section 902, and inadmissible under INA section 212(a)(9)(A) or (C).
  • Evidence that shows connection between the battery or extreme cruelty that is the basis for the VAWA claim and the self-petitioner’s removal, departure from the United States, reentry or re-entries into the United States, or attempted reentry into the United States if you are an approved VAWA self-petitioner or child of an approved VAWA self-petitioner and inadmissible under INA section 212(a)(9)(C)(i).
  • Evidence to support waiver if you are an applicant for adjustment of status as a Special Immigrant Juvenile (if applicable).

Form Filing Tips

Filing Tips for Form I-601, Application for Waiver of Grounds of Inadmissibility

Completeall sectionsof the form. We will reject the form if these fields are missing:

  • Part 1 – Information About You
    • Family Name
    • Mailing Address
    • Date of Birth

Filing Tips:Review ourTips for Filing Forms by Mailpage for information on how to ensure we will accept your form.

Don’t forget to sign your form.We will reject any unsigned form.

Special Instructions

E-Notification:If you want to receive an e-mail and/or text message that we have accepted your form at a USCIS lockbox, completeForm G-1145, E-Notification of Application/Petition Acceptanceand clip it to the first page of your form.

Fee Waiver:We will accept a fee waiver request from:

  • A VAWA self-petitioner;
  • An applicant for a T visa;
  • A battered spouse or child of a lawful permanent resident or U.S. citizen;
  • An applicant for Temporary Protected Status;
  • A Special Immigrant Juvenile; or
  • Any other noncitizen for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) is not required at the time of their application for admission or adjustment of status.

Please see our Fee Waiver page for more information.

Related Links

  • Centralized Filing and Adjudication for Form I-601, Application for Waiver of Grounds of Inadmissibility
  • Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility
Application for Waiver of Grounds of Inadmissibility (2024)

FAQs

What is the application for a waiver of inadmissibility? ›

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.

How long does it take to get the I-601 waiver of grounds of inadmissibility? ›

This will be a lengthy process (average processing time for Form I-601 is between 31.5 and 34 months), and all applications for waivers are carefully reviewed, so make sure you are accurate and complete about the information you submit.

What is the approval rate for waiver of inadmissibility? ›

Approval rates of I-601A waivers vary based on different factors, such as the applicant's country of origin, age, and criminal grounds. The Application for Provisional Unlawful Residence Waiver acceptance rate is around 70%.

Who qualifies for a waiver? ›

Applicant must be in possession of a valid refugee or immigration status. The Minister is empowered in terms of the Immigration Act to “waive” any regulatory requirement or form. A foreigner may apply for such waiver on the basis that “good cause” exists for the granting of such waiver.

How long is a waiver of inadmissibility valid for? ›

How Long Is a Waiver Valid? Except as provided below, 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.

How much does a lawyer charge for the I-601 waiver? ›

The hourly rate is usually at least $100, and often much more. Expect especially high rates in big cities. In total, however, most applicants can expect to pay between $3,500 and $11,000 for preparation of the I-601 waiver application.

Who qualifies for the I-601 waiver? ›

In order to qualify for the I-601 Waiver, you must have at least one qualifying relative through which you are making your claim for the waiver. K visa applicants are exempted from this requirement. In lieu of a qualifying relative, the K visa applicant must only demonstrate that the petitioner is an American citizen.

Can I apply for a US waiver myself? ›

While it is possible to apply for a US Entry Waiver yourself by completing Form I-192 which allows inadmissible non-immigrant aliens to request permission for temporary admittance to the United States, it is important to realize that it is a highly complex legal process that can easily overwhelm someone without ...

How much is the immigration waiver fee? ›

To qualify for the fee waiver, your adjusted gross household income must be at or below 150 percent of the Federal Poverty Guidelines, at the time of filing, based on your household size. The Federal Poverty Guidelines are established by the Secretary of the Department of Health and Human Services annually.

Can I-601 waiver be denied? ›

If your Form I-601 application is denied, you will receive a denial notice at the address you provided on your Form I-601 application. You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion. The denial notice will provide instructions for submitting Form I-290B.

What qualifies as extreme hardship for immigration? ›

Extreme hardship has been defined by U.S. immigration agencies and the courts to mean hardship that is greater than what the U.S. relative would experience under normal circ*mstances if the would-be immigrant were not allowed to come to or stay in the United States.

What documents do I need to apply for a U.S. waiver? ›

The US Waiver application requires a significant amount of tedious paperwork including proof of citizenship, fingerprints, biographic information (form G-325A), police records, court documents, character references, rehabilitation docs, and even form I-212 if the individual has already been removed from or denied entry ...

Who is the qualifying relative for inadmissibility waiver? ›

A qualifying relative, in the context of the I-601 Waiver, is a crucial element determining the eligibility for overcoming grounds of inadmissibility. These individuals, pivotal to the waiver application, may include U.S. citizen or legal resident spouses, parents, and children.

Top Articles
Latest Posts
Article information

Author: Van Hayes

Last Updated:

Views: 6622

Rating: 4.6 / 5 (66 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Van Hayes

Birthday: 1994-06-07

Address: 2004 Kling Rapid, New Destiny, MT 64658-2367

Phone: +512425013758

Job: National Farming Director

Hobby: Reading, Polo, Genealogy, amateur radio, Scouting, Stand-up comedy, Cryptography

Introduction: My name is Van Hayes, I am a thankful, friendly, smiling, calm, powerful, fine, enthusiastic person who loves writing and wants to share my knowledge and understanding with you.