FORM I-601: WAIVER OF INADMISSIBILITY

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Introduction To Form I-601

Want to gain entry into the U.S. but you fall short of the admissibility requirements? Irrespective of the grounds of inadmissibility, Form I-601 can help secure waivers unique to your case.

Not everyone can gain entry into the U.S. And there are many ways to prevent entry. The current visa ban is a testament to this. While immigration is possible, certain people for one reason or the other cannot travel into the United States. We owe that to the former Trump Administration’s anti-immigration antics.

Some forms of inadmissibility, however, are forgivable, or, to use the legal term, “waivable.” For these types of waivable inadmissibility, an application must be made with clear legal argument and extensive evidence to convince an immigration officer to grant the waiver. That’s what Form I-601 does. It provides the criteria to waive certain grounds of inadmissibility for an intending immigrant.

So, with Form I-601, you can waive the grounds of inadmissibility and finally gain entry to the U.S.

Who Should File Form I-601?

By definition, it is glaringly obvious that Form I-601 is not for everyone. If you do not fall under the grounds of inadmissibility, there is no need to file the Form. So, here are certain categories of persons that will need to file Form I-601.

  • People who fall under one or more grounds of inadmissibility under INA Section 212.
  • TPS applicants (Temporary Protected Status) can file Form I-601 to waive certain grounds of inadmissibility.
  • VAWA (Violence Against Women Act) self-petitioners can file Form I-601 to waive their grounds of inadmissibility. The children of VAWA self-petitioners may also file this form.
  • Adjustment of status applicants (people who are filing for a green card inside the United States) may file this form.
  • T visa and and Special Immigrant (SIJ) applicants based on an approved Form I-360.

Simple Instructions For Form I-601

First, obtain a copy of the form from the USCIS official website here.

However, another option is to request for a printed copy of the form. So, contact USCIS Contact Center on 1-800-375-5283 to get a copy.

  • Answer all questions correctly and truthfully. Where a question does not apply to you, type or print “N/A” in response.
  • Only fill the form with black ink; typed or computer-prepared is preferable.
  • You must file and sign each application appropriately. USCIS will not accept stamped or typewritten names in place of a signature. Also, for juveniles, legal guardians can sign on their behalf.
  • The filing fee is $930 and it is not refundable. (Note: do not confuse this form with Form I-601A, which is used only for certain applicants seeking to waive a single ground of inadmissibility: that of unlawful presence and/or unlawful entry. Form I-601A is filed inside the US, costing you a total of $715)
  • You must submit all evidence and supporting documentation the same time you file the form. Also, unless USCIS requests original copies of your documents, you must only submit photocopies.
  • All evidence and supporting documents that you submit must be in the English language. However, if your documents are in a different language, you must submit a certified translated version of such documents along with the document in the original language.
  • If you need extra space to complete any item on the form, use the space provided in Part 10 – Additional Information. You can also attach a separate paper with your name and Alien Registration Number at the top.

These general instructions are to guide your application, but you can read further on the Form I-601 instructions via the USCIS website.

Cons Of Filling The Form Incorrectly

Filing Form I-691 incorrectly is a painstaking experience. Summarily, the gravity of the error determines the penalty involved.

You will likely have to restart the whole filing process if you file the form incorrectly. Also, cases of forgery, concealing relevant facts or submitting fake documents will be met with rejection.

However, USCIS will take full responsibility for any mistake they make in your application.

Get It Right The First Time! Contact Us!

Errors in filing your Form I-601 will have you restarting the whole process. And yes! That also includes paying the non-refundable filing fee again.

You absolutely can’t afford to file this form incorrectly. For this reason, we at HMA Law Firm are ready to help.

We will ensure that your application is error and hassle free. Also, if you need expert guidance on what to do and how to do it, our attorneys are only a call away.

We’re committed to making your transition into the United States a smooth ride. So, schedule a consultation with our immigration attorneys today.

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