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 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 percentage of I 601 waivers are approved? ›

The Application for Provisional Unlawful Residence Waiver acceptance rate is around 70%. A qualified attorney may be able to help improve your odds of waiver acceptance, which can further help you become a lawful permanent resident or U.S. citizen.

Is it possible to have waived a grounds for inadmissibility to the US? ›

For certain grounds of inadmissibility, it may be possible for a person to obtain a waiver of that inadmissibility. In some cases, exceptions are written into the law and no waiver is required to overcome the inadmissibility because the inadmissibility does not apply if the individual meets the exception.

How do I apply for a waiver on grounds 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.

What questions are asked for the I-601A waiver? ›

QUESTIONS FOR I-601A QUALIFYING RELATIVE DECLARATION

9) How will your housing compare with your home in the US? 10) How many people will have to live in your house abroad? 11) If you will not be able to afford housing, what will you do? Do you have friends or relatives with whom you could live?

How hard is it to get a 601 waiver? ›

The I-601 and I-601A waiver application process is notoriously complex primarily due to the high level of scrutiny these applications face when under review by an immigration officer. The process is emotionally charged, time consuming, document heavy, and extremely invasive.

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.

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

USCIS will then process your application, request biometrics, and might ask for an interview, before informing you of the outcome of your application. The average processing time for Form I-601A is between 8.5 and 11.5 months.

How much is the inadmissibility waiver fee? ›

Hourly Rate or Flat Fee for Waiver Application

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.

How long does it take to get the I-601 waiver in 2024? ›

It takes 6-12 months to get I-601 adjudicated. If will only file I-601 when the consular officer determines that you are inadmissible an issues you a form OF-194.

How long does it take for I-601A waiver to be approved after fingerprints? ›

How Long Does it Take to Process an I-601a Waiver? It can take 4-6 months to process a 1-601a waiver application within the United States. It may take longer to obtain approval if you apply from another country. You will also need to submit biometric information and attend an interview.

Who qualifies for the I-601A waiver? ›

At least 17 years old. Physically present in the U.S. to file the form I-601A application and provide biometrics. Be in the process of obtaining their immigrant visa, and have a case pending. Not have any additional grounds for inadmissibility.

How much is the filing fee for the I-601 waiver? ›

The USCIS government filing fee is $675 for the immediate relative petition. The I-601 “extreme hardship” waiver filing fee is $1050. The I-601A Provisional Waiver filing fee is $795. There is no USCIS filing fee for the K-3 spouse visa petition.

What is the success rate of the hardship waiver? ›

According to recent statistics from the United States Citizenship and Immigration Services (USCIS), the approval rate for I-601 Applications for Waiver of Grounds of Inadmissibility is 79.6%, with denials standing at an average of 20.4%.

What is next after I-601 waiver approval? ›

Once the waiver is approved by the USCIS, the applicant should receive a packet of information from the U.S. Embassy of her country of origin. The packet will instruct her to set up a new interview appointment at the consulate.

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.

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