Table of Changes

I-601 Table of Changes 1-7-08.doc

Application for Waiver of Ground of Inadmissibility

Table of Changes

OMB: 1615-0029

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I-601 Instructions


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New

Page 1, What is the Purpose of this Form?













Page 1, Who May File This Form?



































































































Page 2, General Instructions.

Step 1. Fill Out the Form I-601.



























































































































































































































































































































































































































































































































































































































































































Page 2, Where To File?































Page 2, What Is the Filing Fee?

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.









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 statue health officer.


This form should then be returned to the applicant for presentation to the consular officer 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.





3. Applicants with Mental Conditions.


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 the 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 the 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 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.




General Instructions.


Step 1. Fill Out the Form I-601.

1. When filling out the form, 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 the 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.

[…]





What Is the Purpose of This Form?


An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility.





Who May File This Form?

1. An immigrant visa applicant;


2. Any applicant for adjustment of status;


3. A K-1 or K-2 nonimmigrant visa applicant (see Special Instructions);


4. A K-3, K-4, or V nonimmigrant visa applicant;


5. A Temporary Protected Status (TPS) applicant;


6. A Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant;


7. A Haitian Refugee Immigrant Fairness Act (HRIFA) applicant;


8. A Violence Against Women Act (VAWA) self-petitioner;


who is inadmissible to the United States pursuant to the Immigration and Nationality Act (INA) section 212 and who seeks a waiver of the following grounds of inadmissibility:


A. Health-related grounds (INA section 212(a)(1));



B. Certain criminal grounds (INA section 212(a)(2));


C. Immigration fraud or misrepresentation (INA section 212(a)(6)(C)) except that a waiver is not available, if you are inadmissible based on a false claim to be a U.S. citizen (INA section 212(a)(6)(C)(ii)), and if you made your false claim on or after September 30, 1996;


D. The Three-year or Ten-year bar (INA section 212(a)(9)(B));


E. Any ground of inadmissibility, if filed by an applicant for TPS;


F. INA section 212(a)(9)(A) (Aliens Previously Removed) and (9)(C)(Unlawfully Present After Previous Immigration Violations), if filed by a NACARA or HRIFA adjustment applicant;


G. INA section 212(a)(9)(C)(Unlawfully Present After Previous Immigration Violations) for a VAWA self-petitioner.


If the application is filed to waive a communicable disease of public health significance, and the applicant is incompetent to file, a qualified family member listed in "Specific Instructions, 1. Applicants with Communicable Diseases," may file the waiver application on the applicant's behalf.


Note: Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases, if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, or if you otherwise lose your legal permanent resident status. If you obtained the waiver in connection with an application for lawful permanent residence on a conditional basis pursuant to section 216 of the Act, the validity of the waiver automatically ceases with the termination of such residence; no separate notification of termination of the waiver is needed, and the termination of the waiver cannot be appealed. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again.  Also, a waiver granted in relation to a TPS application is only valid for the TPS application.















General Instructions

Step 1. Fill Out Form I-601


1. When filling out the form, 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."


4. Applicant's Signature. Pursuant to 8 CFR 103.2(a)(2), you or the qualified family member filing the application for you must sign this application personally. A parent or legal guardian may also sign the application for someone under the age of 14, and a duly appointed legal guardian may sign for an adult who is incompetent to sign the application.


5. Preparer's Signature. If an individual, other than the applicant, or a qualified family member prepared the application, that individual must sign and date the application and provide the information requested.


6. Any document submitted to the U.S. Citizenship and Immigration Services (USCIS) that is in a foreign language or contains foreign language must be accompanied by a full and complete English translation. The translator must certify that he or she is fluent in English and the language contained in the document, and that he or she is competent to translate from the foreign language into English. The translator must

furthermore certify that the translation is complete and accurate.


7. The application has to be signed by the applicant and submitted with the required fee. If the application is not properly signed and submitted with the required fee, the application will be returned as incomplete. Please see "Specific Instructions" for additional reasons why the application may be rejected.




Specific Instructions


Note: If this form is approved, the waiver that is granted will apply ONLY for those 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 grounds of inadmissibility for which you seek a waiver.


Special Note to K-1 and K-2 Nonimmigrant Visa Applicants

Because you do not yet have the requisite relationship to a citizen or lawful permanent resident of the United States to qualify for a waiver, you must enter one of the following in Block B:

If you are a fiancé(e) of a citizen: - Complete items B.1., B.2., B.3., and B.5. with information regarding the U.S. citizen who filed a fiancé(e) petition on your behalf; and

- Indicate "Prospective Spouse" in item B.4. (Relationship to Applicant).


If you are the child of a fiancé(e) of a U.S. citizen, and will be less than 18 years old when your parent marries such person:

- Complete items B.1., B.2., B.3., and B.5. with information regarding the U.S. citizen who filed a fiancé(e) petition on your parent's behalf; and

- Indicate "Prospective Step-child" in item B.4 (Relationship to Applicant)


If you are the child of a fiancé(e) of a U.S. citizen and will be at least 18 years but less than 21 years old when your parent marries such person:

- Complete items B.1, B.2, and B.3. with information regarding your parent who will marry the U.S. citizen who filed a fiancé(e) petition on your parent's behalf; and

- Indicate "Child" in item B.4. (Relationship to Applicant); and

- Indicate "Prospective LPR" in item B.5 (Immigration Status).


If, upon review of your application, USCIS determines that you will be eligible for a immigrant waiver from inadmissibility once you have (or your parent has) celebrated a bona fide marriage to the U.S. citizen who filed the K visa petition, USCIS will conditionally approve the waiver application. The condition imposed on the approval of the waiver is that you (or your parent) and the United States citizen who filed the K visa petition, celebrate a bona fide marriage within the statutory timeframe of three (3) months from the day of your (or your parent's) admission. Despite the conditional approval, USCIS may ultimately deny the Form I-601, if you (or your parent) do not marry the U.S. citizen who filed the K visa petition and does not seek and receive permanent residence on the basis of that marriage.  



Applicants Seeking a Waiver of Health-Related Grounds of Inadmissibility


1. Applicants With Communicable Diseases


If you have a communicable disease that has been determined to be of public health significance, you must complete the application and provide the information as requested in the form.


Communicable diseases of public health significance are defined in 42 CFR 34.2(b) and include but are not limited to:


A. Class A Tuberculosis condition as per Department of Health and Human Services (HHS) regulations;


B. Human Immunodeficiency Virus (HIV) Infection;


C. Chancroid;


D. Gonorrhea;


E. Granuloma inguinale;


F. Lymphogranuloma venerum;


G. Syphilis, infectious stage;


H. Leprosy, infectious;


I. Any other communicable disease as determined by the U.S. Secretary of Health and Human Services and as defined at 42 CFR 34.2(b).


The application may be approved if:


A. You are the spouse, parent, the unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or of an alien lawfully admitted for permanent residence, or of an alien, who has been issued an immigrant visa, or if you are the fiancé(e) of a U.S. citizen or the fiancé(e)'s child; or


B. You are a VAWA self-petitioner.


For specific information pertaining to applicants with a Class A Tuberculosis condition as per HHS regulations, or HIV, please see number two (2) or three (3) below.



2. Applicants With Class A Tuberculosis Condition as Per HHS Regulations

If you have been diagnosed with a Class A Tuberculosis condition as per HHS regulations, page three (3) of this form must be completed.


If page three (3) of the application is not completed, the application will be returned to you without further action.


3. Applicants With HIV Infection


If you have an HIV infection, page four (4) of this form must be completed.


If page four (4) of the application is not completed, the application will be returned to you without further action. The information provided in page four (4) must establish that the danger to the public health of the United States and the possibility of the spread of infection created by your admission to the United States is minimal. In addition, you must establish that no government agency will incur any cost for your treatment without that agency’s prior consent.


4. Applicants With Physical or Mental Disorder and Associated Harmful Behavior (INA section 212(a)(1)(A)(iii))


If you have a physical or mental disorder and behavior associated with the disorder that may pose, has posed, or will pose a threat to the property, safety, or welfare of you or others, you should file this form, and a waiver may be granted pursuant to INA section 212(g)(3). You should also submit this form if you have a history of such a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety, or welfare or the property, safety, or welfare of others, and if the behavior is likely to recur or to lead to other harmful behavior.


In addition to this form, you must submit a complete medical history and report that addresses the following:


A. Your physical or mental disorder, and the behavior associated with the disorder that poses, posed or may pose in the future a threat to the property, safety, or welfare of you or other individuals. The report should also provide details of any hospitalization, institutional care, or any other treatment you may have received in relation to this physical or mental disorder;


B. Findings regarding your current physical condition, including, if applicable, reports of chest X-rays and a serologic test, if you are 15 years of age or older, and other pertinent diagnostic tests; and


C. Findings as to the current mental or physical condition, including a detailed prognosis that should specify, based on a reasonable degree of medical certainty, the possibility that the harmful behavior is likely to recur or that other harmful behavior associated with the disorder is likely to occur; and


D. A recommendation concerning treatment that is reasonably available in the United States and that can reasonably be expected to significantly reduce the likelihood that the physical or mental disorder will result in harmful behavior in the future.


The medical report will be referred to the U.S. Public Health Service for review and, if found acceptable, you will be required to submit such additional assurances as the U.S. Public Health Service may deem necessary in your particular case.




5. Applicants Seeking to Waive the Vaccination Requirement


If you seek an exemption from the vaccination requirement because the vaccination would be against your religious beliefs or moral convictions, you should file this form. You should establish with evidence that:


A. You are opposed to vaccinations in any form;


B. The objection is based on religious belief or moral conviction; and


C. The belief or conviction is sincere.


Applicants Seeking a Waiver of Certain Criminal Grounds of Inadmissibility and Immigration Fraud or Misrepresentation Under INA Sections 212(h) and (i)



1. Criminal Grounds


If you are inadmissible based on criminal grounds, you may seek a waiver of inadmissibility for the following:


A. A crime involving moral turpitude (other than a purely political offense);


B. A controlled substance violation according to the laws and regulations of any country insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana;


C. Two (2) or more convictions other than purely political ones, for which the aggregate sentences to confinement were five (5) years or more;


D. Prostitution;


E. Unlawful commercialized vice whether or not related to prostitution; and


F. Certain aliens involved in serious criminal activity, who have asserted immunity from prosecution.



With the application, you will have to establish that:


A. You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but that you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; OR


B. At least 15 years have passed since the activity or event that makes you inadmissible, that you have been rehabilitated, and that your admission to the United States or the issuance of the immigrant visa will not be contrary to the national welfare, safety, or security of the United States; OR


C. Your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent) or the K visa petitioner would experience extreme hardship if you were denied admission; OR


D. You are an approved VAWA self-petitioner.


For information about how you can establish extreme hardship, please see "What Evidence Should Be Submitted With the Application?" (Page six (6)).


Note: If you are convicted of a violent or dangerous crime, the waiver may not be approved unless there is an extraordinary circumstance, such as one involving national security or foreign policy consideration, or if the denial of your admission would result in exceptional and extremely unusual hardship. Even if that standard is met, your waiver may still be denied. See 8 CFR 212.7(d).



2. Immigration Fraud or Misrepresentation


If you are inadmissible because you have sought to procure an immigration benefit by fraud or misrepresenting a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this form. The waiver may be approved if you can establish that:


A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent), or the K visa petitioner would experience extreme hardship if you were denied admission;


OR


B. You are a VAWA self-petitioner, and that you, your United States citizen or lawful permanent resident parent or child may experience extreme hardship, if you were denied admission.


For information about how you can establish extreme hardship, please see "What Evidence Should Be Submitted With the Application?" (Page six (6)).



Applicants Seeking a Waiver of Inadmissibility Based on the Three-Year or Ten-Year Bar Pursuant to INA Section 212(a)(9)(B)(v)


If you are inadmissible because you have been unlawfully present in the United States in excess of either 180 days (Three-year bar) or one (1) year (Ten-year bar), you may seek a waiver by filing this form.


The waiver may be granted if:


A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent), or the K visa petitioner would experience extreme hardship if you were denied admission.


TPS applicants and VAWA self-petitioners, see special instructions below.


For information about how you can establish extreme hardship, please see "What evidence Should Be Submitted With the Application?" (Page six (6)).


TPS Applicants Seeking a Waiver of Grounds of Inadmissibility Pursuant to INA Section 244


If you are a TPS applicant applying for a waiver of any grounds of inadmissibility listed in INA section 212, your waiver may be granted for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.


No waiver of inadmissibility is available to TPS applicants for the following grounds of inadmissibility:


A. INA section 212(a)(2)(A), (B), or (C) (except for a single offense of simple possession of 30 grams or less of marijuana);


OR


B. INA section 212(a)(3)(A), (B), (C), or (E).


Note: A waiver that is granted in relation to an application for TPS is valid only for purposes of your application for TPS. If you seek an immigrant visa or adjustment of status, you may need to apply for an additional waiver at that time.


NACARA and HRIFA Applicants Seeking a Waiver From Inadmissibility Based on Prior Removal (INA Section 212(a)(9)(A)) or Unlawful Presence After Previous Immigration Violations (INA Section 212(a)(9)(C))


If you are a NACARA or HIRFA applicant for adjustment of status pursuant to section 202 of NACARA or section 902 of HRIFA, who is inadmissible under INA section 212(a)(9)(A) or INA section 212(a)(9)(C) of the Act, you may apply for a waiver of these grounds of inadmissibility while present in the United States. You seek this waiver by filing Form I-601, rather than the Form I-212 that is used to obtain "Consent to Reapply" under INA section 212(a)(9)(A)(iii) or (C)(ii).


When adjudicating your waiver application, USCIS will consider the same factors that would be considered if you were seeking "Consent to Reapply." Factors that may be considered include but are not limited to:


A. The length of time you have lived in the United States, whether lawfully or unlawfully;

B. Whether you have any criminal records;

C. Your immigration history in the United States;

D. Your family ties to United States citizens or to aliens living lawfully in the United States;

E. Whether the denial of your application will impose hardship on you or on these relatives and the degree of that hardship;

F. Whether granting your waiver application is likely to result in your ability to immigrate lawfully;

G. Your employment history in the United States and the continued need for your services;

H. whether you are a person of good moral character;

I. Any other factor that you believe USCIS should consider in deciding your case.


In addition to this form, you should submit a brief statement indicating why USICS should grant your waiver application, and any documentary evidence that may be available to support your factual claims. Although hardship to a relative, who is a U.S. citizen or an alien who is living lawfully in the United States, is not specifically required by statute, this factor can play a significant role in establishing why USCIS should grant your application.


For information about how you can establish extreme hardship, please see "What Evidence Should Be Submitted With the Application?" (Page six (6)).



Approved I-360 VAWA Self-Petitioner and His or Her Child(ren) Seeking a Waiver of Inadmissibility Pursuant to Section 212(a)(9)(C)(iii)


The INA provides special forms of relief for an approved VAWA self-petitioner and his or her child(ren) who are applying for adjustment of status or an immigrant visa but who are inadmissible under certain provisions of INA section 212(a)(6)(A)(i), section

212(a)(9)(B)(i), or section 212(a)(9)(C)(i). You should only file this Form I-601 to seek a waiver of inadmissibility under INA section 212(a)(9)(C)(i); you do not need to file this form I-601 if you are inadmissible under INA section 212(a)(6)(A)(i) or 212(a)(9)(B)(i), as explained in the "Note" below.


If your are inadmissible under INA section 212(a)(9)(C)(i): INA section 212(a)(9)(C)(i) makes inadmissible an alien who is unlawfully present for more than one (1) year, in the aggregate, or who has been ordered removed, and subsequently enters or attempts to reenter without being admitted. USCIS has discretion to waive this ground of inadmissibility under INA section 212(a)(9)(C)(iii) for an approved VAWA self-petitioner, and his or her child(ren), if the VAWA self-petitioner can establish a "connection" between the battery or extreme cruelty that is the basis for the VAWA claim, the unlawful presence and departure, or the removal, and his or her subsequent unlawful entry or attempted reentry into the United States. If you seek such a waiver, complete Form I-601 and attach evidence that shows the connection between the battery or extreme cruelty that is the basis for your VAWA claim, the unlawful presence and your departure, or your removal from the United States, and your unlawful entry or attempted reentry into the United States.


Note: You do not need to file Form I-601 if you are an approved VAWA self-petitioner and his or her child(ren) seeking adjustment of status, and if you are inadmissible under INA section 212(a)(6)(A)(i)(Presence in the United States without admission or parole, or arrival in the United States other than at an open port of entry) or INA section 212(a)(9)(B)(Three-year bar or Ten-year bar to admissibility because of prior unlawful presence). Under INA section 212(a)(6)(A)(ii) or INA section 212(a)(9)(B)(iii)(IV), an approved VAWA self-petitioner and his or her child(ren) can claim exceptions from these grounds of inadmissibility.

  • You may be exempt from inadmissibility under INA section 212(a)(6)(A)(i) if you, the approved VAWA self-petitioner, can establish a "substantial connection" between the battery or extreme cruelty that is the basis for your VAWA claim and your unlawful arrival in the United States.

  • You may be exempt from inadmissibility under INA section 212(a)(9)(B)(i) if you, the approved VAWA self-petitioner, can establish a "substantial connection" between the battery or extreme cruelty that is the basis for your VAWA claim and the violation of your prior nonimmigrant admission.

In order to claim any of these exceptions, you should submit evidence of the "substantial connection" with your Form I-485, Application to Register Permanent Residence or Adjust Status, or your immigrant visa application. If you are inadmissible under INA section 212(a)(6)(A)(i), and entered on or before April 1, 1997, you do not need to provide evidence of the "substantial connection." Also, because INA section 212(a)(6)(A)(i) inadmissibility ends when you depart the United States, you do not have to submit evidence of a "substantial connection" with an immigrant visa application.


What Evidence Should Be Submitted With The Application?


Please pay close attention to the qualifying family relationship that you have to establish if you apply for a hardship waiver. While the relationships appear to be similar, the various waiver provisions contain different qualifying family relationships.


Also, please pay close attention to the requirements that need to be established to have a particular ground of inadmissibility waived, as listed in the "Specific Instructions."


In support of your application, you should provide evidence that establishes why you may qualify for a waiver of inadmissibility. Depending on the type of waiver, this information and evidence may include but is not limited to:


A. Affidavits from you or other individuals in support of your application;


B. Police reports from any country you lived in;


C. Complete court records regarding any conviction or charge from any country;


D. If applicable, evidence of rehabilitation;


E. Any evidence you may wish to submit to establish that your admission to the United States would not be against national welfare or national security;


F. Medical reports;


G. If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen or the child of the fiancé(e), you have to attach evidence that shows that the denial of your admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, son, daughter or parent, or the K visa petitioner. Such evidence can include but is not limited to:



1. Evidence establishing the family relationship (birth certificate, marriage certificate, etc.);


2. Presence of legal permanent resident or U.S. citizen family ties to the United States;


3. The qualifying relative's family ties outside the United States;


4. Country conditions in the country you would have to relocate and the qualifying relative's family ties to that country;


5. The financial impact of departure from the United States;


6. Significant health conditions and, if appropriate, what type of treatment and suitable medical care is available in that country;


7. The impact of separation;


8. Other conditions that impact the relocation, such as economic and social conditions impacting quality of life, technical skills, etc.


H. If you are a VAWA self-petitioner and you seek a waiver under INA section 212(a)(9)(C)(iii), submit any evidence that you believe establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim, your unlawful presence and your departure, or your removal, and your unlawful return or attempted unlawful return.


Note: Your application should be supported by documentary evidence, or you should have a detailed explanation why such evidence cannot be obtained. Mere assertions will not suffice. Medical assertions should be supported by a professional's statement.



Where To File?


The application and supporting documents should be taken or mailed to the following locations:


1. If you are outside the United States, you should submit Form I-601 to the U.S. Embassy or consulate where you are applying for a visa.


2. If you are in the United States and filing Form I-601 together with Form I-485, Application To Register Permanent Residence or Adjust Status, you should file the I-485/I-601 at the filing location specified on the I-485. Please see I-485 filing instructions.


3. If you are in the United States and your I-485 is currently pending, you should file the I-601 with the USCIS office or Service Center where your I-485 is currently pending.


4. If you are in removal proceedings, you should file this application with the office of the Executive Office for Immigration Review (EOIR) with jurisdiction over your case, and according to the instructions that are provided to you in court. For information about the EOIR, please visit EOIR's website at www.usdoj.gov/eoir.



What Is the Filing Fee?

No fee is required, if you are filing this application to have waived the following grounds of inadmissibility:


1. Class A Tuberculosis condition as per HHS regulations; or


2. A physical or mental disorder with associated harmful behavior or a history of such a disorder that is likely to recur.


All other applications must be accompanied by a fee of $545. The fee cannot be refunded, regardless of the action taken on the application. Do not mail cash. All fees must be submitted in the exact amount.


Note: As stated on page 2 of these instructions, the approval of a Form I-601 waives only those events and the resulting grounds of inadmissibility that you have specifically identified in the application. You should specify on this Form I-601 every ground of inadmissibility for which you seek a waiver. You may filed just one application, and pay just one filing fee, if you request more than one type of waiver or a waiver for more than one event or condition that makes you inadmissible. If you do not include all applicable events or grounds of inadmissibility in your application, you may need to file an additional Form I-601, and pay an additional fee to request any additional waivers. […].











I-601 Form

Old

New


Page 1, Box “Do not write in this block. For Government use only.”

[] 212(a)(1)

[] 212(a)(3)

[] 212(a)(6)

[] 212(a)(9)


[] 212(a)(1)

[] 212(a)(2)

[] 212(a)(6)

[] 212 (a)(9)

[]TPS Applicant: _________ (specify ground(s))


Page 1,

A. Information about applicant.













Page 2, CERTIFICATION


















Page 2, PREPARER OF APPLICATION



















Page 3, To Be Completed for Applicants With Active Tuberculosis or Suspected Tuberculosis












Page 4, B. Statement by Physician or Health Facility











Page 5, Do not write in this block. For Government use only.












Page 5. A. Information about applicant.

















Page 6, Bottom of the page.








10. Applicant was declared inadmissible to the United States for the following reasons: (List acts, convictions, or physical or mental conditions. If applicant has active or suspected tuberculosis, Page 3 of this form must be fully completed. If applicant has HIV infection, Page 3 of this form must be fully completed.)







CERTIFICATION: Signature (of applicant or petitioning relative)



















PREPARER OF APPLICATION:

Signature (of person preparing application, if not the applicant or petitioning relative.) I declare that this document was prepared by me at the request of the applicant or petitioning relative, and is based on all information of which I have any knowledge.













To Be Completed For Applicants With Active Tuberculosis or Suspected Tuberculosis


[…]











B. Statement by Physician or Health Facility.

[…]


I agree to submit a copy of my evaluation of the alien's condition to the health officer named in Section D and to the Division of Quarentine (E03), Center for Disease Control and Prevention (CDC), Atlanta Georgia 30333




Do not write in this block. For Government use only.


  • 212(a)(1)

  • 212(a)(2)

  • 212(a)(3)

  • 212(a)(6)

  • 212(a)(9)

  • 212(a)(10)

  • 212(a)(12)

  • 212(a)(19)

  • 212(a)(23)





10. Applicant was declared inadmissible to the United States for the following reasons: (List acts, convictions, or physical or mental conditions. If applicant has active or suspected tuberculosis, Page 3 of this form must be fully completed. If applicant has HIV infection, Page 3 of this form must be fully completed.)











This office will maintain only a folder relating to the applicant pursuant to A.M. 2712.01

10. Reason for Inadmissibility: (Please include a statement explaining the acts, convictions, and medical conditions that make you inadmissible. If you seek a waiver of inadmissibility because you have a Class A Tuberculosis condition (as per HHS regulations), you must complete page 3 of this form. If you seek a waiver because you have a HIV infection, you must complete page 4 of this form. Applicants with physical or mental disorders must attach the information requested in the instructions.)




Applicant's Signature and Certification


I certify under penalty of perjury under the laws of the United States that this application and the evidence submitted with it are all true and correct to the best of my knowledge and abilities. I authorize the release of any information from my records that the U.S. Citizenship and Immigration Services (USCIS) needs to determine my eligibility for this wavier.



_____________________

Signature of Applicant or Qualified Relative/Legal Guardian


________

Date



Preparer's Signature and Certification

I declare that this document was prepared by me at the request of the applicant or qualified relative/legal guardian of the applicant, and it is based on all information of which I have knowledge and/or was provided to me by the above named person in response to the exact questions contained on this form. I have not knowingly withheld any information.


________________________

Preparer's Signature


Date





To Be Completed for Applicants With A Class A Tuberculosis Condition (As Per HHS Regulations) […]



NOTE: If further assistance is needed, contact the USCIS office with jurisdiction over the intended place of United States residence of the applicant


If you are approved for a waiver and after admission to the U.S. you fail to comply with the terms, conditions, and controls that were imposed, you may be subject to removal under Immigration and Nationality Act (INA) section 237(a).


B. Statement by Physician or Health Facility

[…]


I agree to submit a copy of my evaluation of the alien's condition to the health officer named in Section D and to the Division of Quarantine (E03), Center for Disease Control and Prevention (CDC), Atlanta Georgia 30333




Do not write in this block. For Government use only.


  • 212(a)(1)

  • 212(a)(2)


  • 212(a)(6)

  • 212(a)(9)

  • TPS Applicant: _________ (specify ground(s))







10. Reason for Inadmissibility: (Please include a statement explaining the acts, convictions, and/or medical conditions that make you inadmissible. If you seek a waiver of inadmissibility because you have a Class A Tuberculosis condition (as per HHS regulations), you must complete Page 3 of this form. If you seek a waiver because you have a HIV infection, you must complete Page 4 of this form. Applicants with physical or mental disorders must attach the information requested in the instructions.)







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File Typeapplication/msword
File TitleI-130
Authoruser_template
Last Modified ByKathryn Catania
File Modified2008-01-14
File Created2008-01-14

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