I-601, Application for Waiver of Grounds of Inadmissibility

ALERT:  On Feb. 21, 2020, the Supreme Court stayed the statewide injunction issued by the U.S. District Court for the Northern District of Illinois affecting Illinois filers. USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois, on Feb. 24, 2020. USCIS will apply the final rule to all applications for adjustment of status, and applications and petitions for extension of nonimmigrant stay or change of nonimmigrant status postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the final rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 2020.

The final rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020.

USCIS will not consider, and applicants for adjustment of status do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 2020. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 2020, in a public charge inadmissibility determination.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule. 

Read the final rule (PDF)

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.

You must submit all 12 pages.

 

Number of Pages

Form 12; instructions 21.

Edition Date

01/27/20. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

The filing location depends on the immigration benefit you are seeking. To view a complete list of addresses, go to our Direct Filing Addresses webpage. If you file at a Lockbox, read our filing tips.

Filing Tips for Form I-601, Application for Waiver of Grounds of Inadmissibility

Complete all sections of the form. We will reject the form if these fields are missing:

  • Part 1 – Information About You
    • Family Name
    • Mailing Address
    • Date of Birth

Don’t forget to sign your form! We will reject any unsigned form.

Filing Fee

$930. You may pay the fee with a money order, personal check, or cashier’s check.  When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Service centers are not able to process credit card payments.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. 

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-601. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your forms. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

  • Evidence that establishes why you may qualify for a waiver of inadmissibility, which depends on the ground(s) of inadmissibility that apply to you and should include evidence to show why USCIS should grant you a  waiver of inadmissibility as a matter of discretion. 
  • Evidence to support your claim of extreme hardship (if applicable)
    • If applying for a waiver that requires you to a showing of extreme hardship to a spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident, you must submit evidence establishing the family relationship and evidence that shows the denial of admission would result in extreme hardship to your qualifying relative.
  • If you are a VAWA self-petitioner seeking a waiver for immigration fraud or misrepresentation, you may show how the denial of admission would result in extreme hardship to your qualifying relatives or yourself. 
  • Evidence to support a waiver for inadmissibility due to a communicable disease of public health significance (if applicable)
  • Evidence to support your request for a vaccination exemption (if applicable)
  • Evidence to support a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (if applicable).
  • Evidence to support a waiver of criminal grounds of inadmissibility found in INA section 212(a)(2) (if applicable)
  • Evidence to support waiver for immigration fraud or misrepresentation (if applicable)
  • Evidence to support a waiver for inadmissibility because of your membership in a Totalitarian Party (if applicable).
  • Evidence to support a waiver for inadmissibility due to alien smuggling (if applicable).
  • Evidence to support a waiver of inadmissibility due to being the subject of a civil penalty under INA section 212(a)(6)(F) (if applicable).
  • Evidence to support a waiver of the three-or ten-year unlawful presence bar under INA section 212(a)(9)(B)(v) (if applicable)
  • If you are a TPS applicant, evidence that a waiver is warranted. 
  • If you are seeking adjustment of status under NACARA Section 202 or HRIFA Section 902, and inadmissible under INA section 212(a)(9)(A) or (C), evidence that you warrant a waiver of inadmissibility based on factors that would be considered if you were seeking consent to reapply.  
  • If you are an approved VAWA self-petitioner or child of an approved VAWA self-petitioner and inadmissible under INA section 212(a)(9)(C)(i), evidence that shows connection between the battery or extreme cruelty that is the basis for the VAWA claim and the self-petitioner’s removal, departure from the United States, reentry or reentries into the United States, or attempted reentry into the United States.   
  • Evidence to support waiver if you are an applicant for adjustment of status as a Special Immigrant Juvenile (if applicable)

Special Instructions

E-Notification: If you want to receive an e-mail and/or text message that your Form I-601 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

Fee Waiver: We will accept a fee waiver request from:

  • A VAWA self-petitioner;
  • An applicant for a T visa;
  • A battered spouse or child of a lawful permanent resident or U.S. citizen;
  • An applicant for Temporary Protected Status; or
  • An alien for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) of the Act is not required at the time of their application for admission or adjustment of status. 

Please see uscis.gov/feewaiver for more information.

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