Application for Waiver of Ground of Excludability

OMB No. 1615-0029; Expires 02/29/08

Instructions for I-601, Application for Waiver
of Grounds of Inadmissibility

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form.
For an alien who has been found to be inadmissible to the
United States to apply for a waiver of inadmissibility.

Submission of the application without the required fully
executed statements will result in the return of the application
to the applicant without further action.
3. Applicants With Mental Conditions.

Who May File This Form.
1. Applicants With Tuberculosis.
An applicant with active tuberculosis or suspected
tuberculosis must complete Statement A on Page 3 of
this form. The applicant and his or her sponsor are also
responsible for having:
A. Statement B completed by the physician or
health facility which has agreed to provide
treatment or observation.
B. Statement D, if required, completed by the
appropriate local or state health officer.
This form should then be returned to the applicant for
presentation to the consular office or appropriate USCIS
office.
Submission of the application without the required fully
executed statements will result in the return of the
application to the applicant without further action.
2. Applicants With HIV Infection.
An applicant with Human Immunodeficiency Virus
(HIV) infection must complete Statement A on Page 4
of this form. If the applicant has a sponsor, the sponsor
must complete Statement C. The applicant and his or her
sponsor are also responsible for having:
A. Statement B completed by physician or health
facility which has agreed to provide
counseling and treatment or observation, and
B. Statement D, if required, completed by the
appropriate local or state health officer.
This form should then be returned to the applicant for
presentation to the consular officer or appropriate
USCIS office.

An alien who is mentally retarded or who has a history of
mental illness shall attach a statement that arrangements
have been made for the submission of a medical report,
as follows, to the office where this form is filed:
The medical report shall contain:
A. A complete medical history of the alien,
including details of any hospitalization or
institutional care or treatment for any physical
or mental condition;
B. Findings as to the current physical condition of
the alien, including reports of chest X-rays and
a serologic test if the alien is 15 years of age or
older, and other pertinent diagnostic tests; and
C. Findings as to the current mental condition
of the alien, with information as to prognosis
and life expectancy and with a report of a
psychiatric examination conducted by a
psychiatrist who shall, in the case of mental
retardation, also provide an evaluation of
intelligence.
For an alien with a past history of mental illness, the
medical report shall also contain available information on
which the U.S. Public Health Service can base a finding
as to whether the alien has been free of such mental
illness for a period of time, sufficient in the light of such
history, to demonstrate recovery.
The medical report will be referred to the U.S. Public
Health Service for review and, if found acceptable, the
alien will be required to submit such additional
assurances as the U.S. Public Health Service may deem
necessary in his or her particular case.

Form I-601 Instructions (Rev. 07/30/07) N

General Instructions.
Step 1. Fill Out the Form I-601.
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Where To File.
The application and supporting documents should be taken or
mailed to:
1. The American Embassy or Consulate where the
applicant is applying for a visa, if the applicant is not
in the United States; or
2. The office of the U.S. Citizenship and Immigration
Services (USCIS) having jurisdiction over the
applicant's place of residence, if the applicant is in
the United States and applying for status as a
permanent resident.

What Is the Filing Fee.
No fee is required if this application is filed for an alien who:
1. Is afflicted with tuberculosis;
2. Is mentally retarded; or
3. Has a history of mental illness.
All other applications must be accompanied by a fee of
$545.00. The fee cannot be refunded, regardless of the action
taken on the application. Do not mail cash.
NOTE: Only a single application and fee is required when an
alien is applying simultaneously for a waiver of both sections
212(h) and (i) of the Immigration and Nationality Act.
Use the following guidelines when you prepare your check or
money order for the Form I-601 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:

A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
C. If you live outside the United States, Guam, or the
U.S. Virgin Islands, contact the nearest U.S.
consulate or embassy for instructions on the
method of payment.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct.
The form fee on this form is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select
"Immigration Forms" and check the appropriate fee;
2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Address Changes.
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
Form I-601 Instructions (Rev. 07/30/07) N Page 2

For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information.
Any Form I-601 that is not signed or accompanied by the
correct fee, will be rejected with a notice that the Form
I-601 is deficient. You may correct the deficiency and
resubmit the Form I-601. An application or petition is not
considered properly filed until accepted by USCIS.

Initial processing. Once a Form I-601 has been accepted, it

will be checked for completness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility and we may deny your Form
I-601.

Requests for more information or interview. We may

request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.

Decision. The decision on a Form I-601 involves a
determination of whether you have established eligiblity for
the requested benefit. You will be notified of the decision in
writing.

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.

Penalties.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-601, we will
deny the Form I-601 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice.
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-601.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 60 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529.
OMB No. 1615-0029. Do not mail your application to this
address.

As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Form I-601 Instructions (Rev. 07/30/07) N Page 3