Application for Waiver of Ground of Excludability

OMB No. 1615-0029; Expires 02/28/09

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

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

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), 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?
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.

1. An immigrant visa applicant;
2. Any applicant for adjustment of status;

5. Temporary Protected Status (TPS) applicant;
6. Nicaraguan Adjustment and Central American
Relief Act (NACARA) applicant;
7.

H. 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;
I.

Who May File This Form?

3. K-1 or K-2 nonimmigrant visa applicant (see
Specific Instructions);
4. K-3, K-4, or V nonimmigrant visa applicant;

G. Certain grounds of inadmissibility, if filed by an
applicant for TPS;

INA section 212(a)(9)(C)(Unlawfully Present After
Previous Immigration Violations) for a VAWA selfpetitioner.

J. T nonimmigrant visa status holders applying for
adjustment of status may receive a waiver of INA
section 212(a)(1)(Public Health) and INA section 212
(a)(4)(Public Charge), and any other ground of
inadmissibility (with the following exclusions).
Grounds that cannot be waived are INA section 212
(a)(3)(Security Related Grounds), INA section 212(a)
(10)(C)(International Child Abductors), or INA
section 212(a)(10)(E)(Former Citizens who
Renounced Citizenship to Avoid Taxation).

DRAFT

Haitian Refugee Immigrant Fairness Act (HRIFA)
applicant;

8. Violence Against Women Act (VAWA)
self-petitioner; or
9. A T nonimmigrant visa status holder filing for
adjustment of status who is inadmissible by reason of
a ground that has not already been waived in
connection with the T nonimmigrant status; and
who is inadmissible to the United States pursuant to the
Immigration 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. Immigrant Membership in Totalitarian Party (INA
section 212(a)(3)(D));
D. Immigration fraud or misrepresentation (INA section
212(a)(6)(C)) except that a waiver under INA section
212(i) 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;
E. Smugglers (INA section 212(a)(6)(E)) and Being
Subject of Civil Penalty (INA section 212(a)(6)(F));

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.

F. The three-year or ten-year bar (INA section 212
(a)(9)(B));
Form I-601 Instructions (Rev. 1/22/09)N

General Instructions

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

Step 1. Fill Out Form I-601

Since you do not 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:

1. When filling out the form, type or print legibly in black
ink. Make sure the entire form, including the Agency Copy,
is properly completed.
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. If the answer is
not applicable write "N/A." If the answer is none, write
"none."
4. Applicant's Signature. Pursuant to 8 CFR 8CFR 103.2(a)(9)
(2), you or the qualified family member filing the
application on your behalf 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 that the
applicant, or a qualified family member prepared the
application, that individual must sign and date the
application and provide the information requested.

If you are a fiancé(e) of a U.S. citizen:
1. 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
2. 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 of age when your parent marries
such person:
1. 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

DRAFT

6. Any documentation submitted to U.S. Citizenship and
Immigration Services (USCIS) that is in a foreign language
or which 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.

2. 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 of age but less than 21 years of age
when your parent marries such person:
1. Complete items B.1, B.2, and B.3 with information r
regarding your parent who will marry the U.S. citizen who
filed a fiancé(e) petition on your parent's behalf; and
2. Indicate "Child" in item B.4 (Relationship to Applicant);
and
3. Indicate "Prospective LPR" in item B.5 (Immigration
Status).
If, upon review of your application, USCIS determines that
you will be eligible for an 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 is that
you (or your parent) and the U.S. citizen who filed the K visa
petition celebrate a bona fide marriage within the statutory
time frame of three months from the day of your (or your
parent's) admission. Despite the conditional approval, USCIS
may ultimately deny Form I-601 if you (or your parent) do
not marry the U.S. citizen who filed the K visa petition and if
you (or your parent) do not seek and receive permanent
residence on the basis of that marriage.

Form I-601 Instructions (Rev. 1/22/09)N Page 2

Applicants Seeking a Waiver of Health-Related Grounds
of Inadmissibility INA Section 212(a)(1)
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 U.S. 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;

3. Applicants With HIV Infection
If you have an HIV infection, page seven of this form must be
completed. In addition, you must submit evidence that
establishes the following:
1. The danger to the public health of the United States
created by your admission is minimal;
2. The possibility of the spread of the infection created
by your admission to the United States is minimal;
and
3. There will be no cost incurred by any level of
government agency of the United States without the
prior consent of that agency.
Examples of the evidence considered sufficient to meet
criteria 1 and 2 above may include but are not limited to:
evidence that you have arranged for medical treatment in the
United States; evidence of your awareness of the nature and
severity of your medical condition; evidence of counseling;
evidence of your willingness to attend educational seminars;
and evidence of your knowledge of the modes of transmission
of the disease.

DRAFT

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 or three 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 six of this form
must be completed.
If page six of the application is not completed, the application
will be returned to you without further action.

Examples of the evidence considered sufficient to meet
criteria 3 above may include but are not limited to; evidence
of private insurance; personal financial resources; proof that a
hospital, research organization, or other type of facility will
provide care at no cost to the government; or any other
evidence establishing the ability to cover the cost of your
medical treatment for HIV/AIDS.

If page seven of the application is not completed, the
application will be returned to you without further action. The
information provided in seven 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
If you have a physical or mental disorder and behavior
associated with the disorder that poses, may pose, or has posed
a threat to the property, safety, or welfare of you or others, you
must file this form, and a waiver may be granted pursuant to
INA section 212(g)(3). You must 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 a report that addresses the following:
Form I-601 Instructions (Rev. 1/22/09)N Page 3

A. Your physical or mental disorder, and the behavior
associated with the disorder that poses, has 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. 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 or more convictions other than purely
political ones, for which the aggregate sentences to
confinement were five years or more;
D. Prostitution;

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

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

C. Findings regarding 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.

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

DRAFT

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 being vaccinated is against your religious beliefs or
moral convictions, you must file this form. You must establish
with evidence that:
A. You are opposed to vaccinations in any form;

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 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 seven).

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

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).

1. Criminal Grounds

2. Immigration Fraud or Misrepresentation

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

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. This waiver may be approved if you can
establish that:

B. The objection is based on religious beliefs or moral
convictions; and
C. The belief or conviction is sincere.

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

Form I-601 Instructions (Rev. 1/22/09)N Page 4

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 or your
U.S. 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 seven).
Applicants Seeking a Waiver for Immigrant Membership
in a Totalitarian Party (INA section 212(a)(3)(D)(i))
If you are inadmissible for having been a member of or
affiliated with the Communist or any other totalitarian party
(or subdivision or affiliate thereof) whether domestic or
foreign, you may apply for a waiver pursuant to INA section
212(a)(3)(D)(iv), if you are the parent, spouse, son, daughter,
brother, or sister of a citizen of the United States or a spouse,
son, or daughter of an alien lawfully admitted for permanent
residence, or if you are the fiancé(e) of a U.S. citizen. The
waiver may be granted for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest, if
you are not a threat to the security of the United States.

2. If you are seeking admission or adjustment of status as
an immediate relative under INA section 201(b)(2)(A),
as an immigrant under INA section 203(a)(Preference
allocation for family-sponsored immigrants based on
the first, second, or third preference, but not the fourth
preference) or as the fiancé(e) (or his or her child(ren)
of a U.S. citizen.
If you are inadmissible because you have been the subject of
a final order for violation of INA section 247C, you may
apply for a waiver pursuant to INA section 212(d)(12) that
may be granted for humanitarian purposes or to assure family
unity, if no previous civil money penalty was imposed against
you under INA section 247C, and the offense was committed
solely to assist, aid, or support your spouse or child (and not
another individual); and
1. If you are an alien lawfully admitted for permanent
residence who temporarily proceeded abroad
voluntarily and not under an order of removal and who
is otherwise admissible to the United States as a
returning resident under INA section 211(b); or

DRAFT

Applicants Seeking a Waiver for Smuggling under INA
section 212(a)(6)(E) and Being Subject of Civil Penalty
(INA section 212(a)(6)(F))
If you are inadmissible for having engaged in alien smuggling
(INA section 212(a)(6)(E)(i), you may apply for a waiver
pursuant to INA section 212(d)(11) that may be granted for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest, if you have encouraged,
induced, assisted, abetted, or aided only an individual who at
the time of such action was your spouse, parent, son, or
daughter (and no other individual) to enter the United States
in violation of the law, and;
1. If you are an alien lawfully admitted for permanent
residence who temporarily proceeded abroad
voluntarily and not under an order of deportation or
removal and who is otherwise admissible to the United
States as a returning resident under INA section 211(b);
or

2. If you are seeking admission or adjustment of status
as an immediate relative, as an immigrant under INA
section 203(a)(Preference allocation for familysponsored immigrants) or as the fiancé(e) (or his or her
child(ren)) of a U.S. citizen.

Applicants Seeking a Waiver of Inadmissibility Based
on the Three-Year or Ten-Year Bar Pursuant to INA
Section 212(a)(9)(B)(v)
T nonimmigrants visa status holders seeking exemption from
only INA section 212(a)(9)(B) do not need to file this form.
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-year (10-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.
For 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 seven).

Form I-601 Instructions (Rev. 1/22/09)N Page 5

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

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

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.

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 USCIS 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 hardship, please
see "What Evidence Should Be Submitted With the
Application?" (Page seven).
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)

DRAFT

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 HRIFA 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 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 U.S. 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;

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 pursuant to INA section
212(a)(9)(C)(i); you do not need to file this form if you are
inadmissible under INA sections 212(a)(6)(A)(i) or 212(a)
(9)(B)(i), as explained in the "Note" below.
If you are inadmissible under INA section 212(a)(9)(C)(i):
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 selfpetitioner 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, or 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 and your removal or departure from
the United States, or your reentry or reentries into the United
States, or attempted reentry into the United States.

F. Whether granting your waiver application is likely
to result in your ability to immigrate lawfully;
Form I-601 Instructions (Rev. 1/22/09)N Page 6

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). According to
USCIS policy, you are eligible for adjustment of status under
INA section 245(a) regardless of your unlawful entry. Because
INA section 212(a)(6)(A)(i) inadmissibility ends when you
depart the United States, you also do not have to submit any
special documentation with an immigrant visa application.
Note: You do not need to file Form I-601 if you are an
approved VAWA self-petitioner (and his or her child(ren))
and inadmissible under INA section 212(a)(9)(B)(i)(threeyear or ten-year bar to admission). You may be exempt
from this inadmissibility if you, the approved VAWA selfpetitioner, or his or her child(ren) 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. You must submit evidence of the
"substantial connection" with your Form I-485, Application to
Register Permanent Residence or Adjust Status, or your
immigrant visa application.

Note: You do not need to file Form I-601 if you are
inadmissible because you have been unlawfully present
in the United States and then departed (INA section 212
(a)(9)(B)). You may be exempt from the 3-year or 10-year
bar if you can establish that your victimization was at least
one central reason for your unlawful presence in the United
States. You should submit evidence with your Form I-485,
Application to Register Permanent Residence or Adjust
Status, to demonstrate that the victimization you suffered
was a central reason for the unlawful presence in the United
States.
What Evidence Should Be Submitted With
the Application?
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.

DRAFT

Applicants for Adjustment of Status Based on T
Nonimmigrant Status
If you are a T nonimmigrant status holder admitted to the
United States and applying for adjustment of status, you may
obtain a waiver of almost any ground listed in INA section
212(a).

Also, 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;

If you are inadmissible based on public health grounds (INA
section 212(a)(1)) or public charge (INA section 212(a)(4)),
the waiver may be approved if granting the waiver is in the
national interest.
If you are inadmissible based on any other ground of
inadmissibility, the waiver may be approved if the activities
making you inadmissible were caused by or were incident to
your trafficking victimization, and granting the waiver is in
the national interest.
No waiver of inadmissibility is available to adjustment of
status applicants based on T nonimmigrant status, for the
following grounds of inadmissibility:
A. INA section 212(a)(3) (Security Related Grounds);
B. INA section 212(a)(10)(C) (International Child
Abductors);

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, you have to attach
evidence that demonstrates your denial of admission
would result in extreme hardship to the U.S. citizen
or legal permanent resident spouse, son, daughter or
parent, or your U.S. citizen fiancé(e). Such evidence
can include but is not limited to:

C. INA section 212(a)(10)(E) (Former Citizens who
Renounced Citizenship to Avoid Taxation).
Form I-601 Instructions (Rev. 1/22/09)N Page 7

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

1.

If you are outside the United States, you must
submit Form I-601 to the U.S. Embassy or consulate
where you are applying for a visa. For VAWA selfpetitioners, see number 2 below.

2.

If you are:

2. Presence of legal permanent resident or
U.S. citizen family ties to the United States;
3. Qualifying relative's family ties
outside the United States;

a. An approved VAWA self-petitioner, whether inside
or outside the United States; or

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

b. A T nonimmigrant seeking adjustment of status:

5. Financial impact of departure from the
United States;

You must file your Form I-601 with the Vermont Service
Center. The address is:

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

USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

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.

3.

DRAFT

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.
I.

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 must
file the I-485/I-601 at the filing location specified on
Form I-485. See the filing instructions for Form I-485.

If you are a T nonimmigrant status holder seeking a
waiver under INA section 212(a)(1) or section
212(a)(4), submit any evidence that demonstrates it is
in the national interest to waive these grounds. If you
are seeking a waiver under any other INA
section 212(a) ground, submit any evidence that
demonstrates it is in the national interest to waive
such ground and that the activities rendering you
inadmissible were caused by or were incident to your
victimization.

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 must be taken or
mailed to the following locations:

4. If you are in the United States and your Form I-485 is
currently pending, you must file Form I-601 with the
USCIS office or Service Center where your Form
I-485 is CURRENTLY pending.
5. If you are in removal proceedings, you must file
this application with the office of the Executive
Office for Immigration Review (EOIR) office with
jurisdiction over your case and according to the
instructions that are provided to you in court. For
information about EOIR, visit EOIR's website
at www.usdoj.gov/eoir.
6. If you are an applicant for Temporary Protected
Status (TPS) under INA section 244, you must file
this form at the filing location specified on Form
I-821, Application for Temporary Protected Status.
See the filing instructions for Form I-821.

What Is the Filing Fee?
All 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.
A fee waiver request will be accepted in accordance with
8 CFR 103.7(c)(5) for the following individuals:
A. An alien in lawful nonimmigrant status under section
101(a)(15)(T);
Form I-601 Instructions (Rev. 1/22/09)N Page 8

B. An approved VAWA self-petitioner; or

How to Check If the Fees Are Correct.

C. An alien to whom section 212(a)(4) of the Act does
not apply with respect to adjustment of status.

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:

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 file 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 waiver(s).
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

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 you may complete and
mail Form AR-11, Alien's Change of Address Card, to:

DRAFT

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to
Treasurer, Guam.
B. If you live in the U.S. Virgin Islands, 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.
Embassy or consulate 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.

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

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
completeness, 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.

Form I-601 Instructions (Rev. 1/22/09)N Page 9

Requests for more information or interview

Paperwork Reduction Act

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 eligibility for the requested
benefit. You will be notified of the decision in writing.

USCIS Forms and Information

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 90 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
20529-2210, OMB No. 1615-0029. Do not mail your
application to this address.

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.

DRAFT

As an alternative 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.

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.
Form I-601 Instructions (Rev. 1/22/09)N Page 10