I-602 Public Comments_Responses Matrix

Responses to 60-day FRN Public Comments
Form I-602 Revision
Comment
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Comment
1.
Issue 1

Public Comments
Commenter: Betsy Fisher, The International Refugee
Assistance Project
First, the I-602 form imposes an unnecessary burden on
refugees filling out the form by requiring the refugee to
answer the question “I am inadmissible because:”. This
question should be removed from the I-602 form. The
Notice of Ineligibility (NOI) lists the specific legal grounds
that apply to a refugee, which would allow a refugee to
answer the first question of Part 2 of Form I-602. However,
the next question asks a refugee to provide specific
reasons why they are inadmissible. The NOI does not
provide this information; refugees have not been told and
often will not know the factual basis used to deem them
inadmissible. For instance, refugees may have been
rejected on criminal inadmissibility grounds, but may have
only false, persecutory arrests and no conviction.
Further, USCIS, as the adjudicator who issued the rejection
notice, will have far more detail available about the
inadmissibility grounds that it has determined to apply to a
refugee than the refugee, who is given only a basic form
with checkboxes.
Refugee should be given specific reasons and factual
findings for the inadmissibility grounds in the NOI. Failing
that, refugees should not be left to guess as to what facts
were used to support a finding of inadmissibility. Until
detailed reasons for inadmissibility are listed on the NOI,
refugees should not be asked to explain—and often guess
at—the basis for inadmissibility— especially since this

USCIS Response

Response:
USCIS believes this comment is referring to the currently published
version of Form I-602, rather than the revised version posted for
public comment.
USCIS believes that the revised version of Form I-602 addresses the
commenters concern. In Part 2. Reasons for Inadmissibility, the
proposed text for the revised form states the following:
“Select all of the following grounds that you believe apply to you,
according to what you were told or to the best of your knowledge.
[emphasis added]
…
I believe or I was told [emphasis added] that I am inadmissible
because (select all grounds that you believe apply to you):”
Therefore, we believe that the revised text makes it clear this
applies where a finding of inadmissibility has been made by USCIS,
and is meant to reflect USCIS’ understanding that the refugee
applicant does not necessarily agree with the finding of
inadmissibility, or fully understand why the finding was made. This
question is also designed to allow applicants, whether they are
applicants seeking admission as refugees, or refugees or asylees in
the United States seeking to adjust status to that of a legal
permanent resident, the opportunity to obtain a waiver for
inadmissibility that has not been previously identified by USCIS.
Finally, if a refugee applicant does not believe he or she is
inadmissible, the applicant may still provide evidence to refute the
finding. For example, if a refugee applicant has been found
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Responses to 60-day FRN Public Comments
Form I-602 Revision
information is readily available to USCIS RAIO officers
already.
Comment Commenter: Betsy Fisher, The International Refugee
1.
Assistance Project
Issue 2
Second, USCIS significantly underestimates the time
required to complete the I-602 form. USCIS estimates that
respondents will require one hour to complete form I-602.
In fact, a meaningful response to an I-602 will often require
compiling documents, country of origin evidence, and
writing a personal statement. Legal representatives and
their refugee clients would expect to spend at least 8
hours, and possibly much more, completing the I-602 form
and compiling supporting documents. Refugees proceeding
pro se also will require much longer than one hour,
including researching the reason for inadmissibility listed
on the NOI, which is generally listed only by reference to
the statutory citation.

inadmissible based on a criminal conviction which was a purely
political offense, then the refugee applicant may provide evidence
to show this, or evidence that a conviction did not take place.
Response :
In response to the commenter’s observations, USCIS is changing the
estimated hour burden per response for this information collection
from one hour to eight hours. USCIS will seek additional comment
from the public regarding the hour burden in future 60-day notices.

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