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Why Do I Need The Waiver Checklist?

Getting the I-601 waiver form itself is as easy as it gets. However, filing the form and getting it approved is a whole different bargain. If you do not pay attention to the Form I-601 waiver checklist, your application will no doubt end with a rejection.

This post contains all you need to know about the waiver checklist for Form I-601. Read on! This will come in handy! 

What Is Form I-601?

Obtaining a visa into the United States comes with a critical requirement. You must not fall under any of the grounds of inadmissibility – they determine if you would be granted entry into the U.S.

However, the Form I-601 was specially designed for certain persons who fall under one or more of the grounds of inadmissibility. With this form, waivers can sometimes be obtained concerning certain grounds of inadmissibility. Thus, allowing entry into the United States.

Think of a waiver as “forgiveness.” You’re admitting that there is something in your background (usually a criminal record, or lying on a previous immigration form) that makes it impossible to get a green card. So you have to prove that not getting your green card will cause extreme hardship to certain family members.

The “problems in your background” are what we mean when we say “ground of inadmissibility.” A waiver cures, or forgives, those grounds of inadmissibility.

However, not all grounds of inadmissibility are forgivable! And even if you qualify to apply for forgiveness, there’s no guarantee it will be forgiven. (Just like applying for admission to a university: just because you are allowed to apply doesn’t mean you’ll be admitted.)

In order to secure the waivers promised under the Form I-601 however, there are certain requirements that must be met. They make up the Form I-601 Waiver Checklist.

Form I-601 Waiver Checklist

  1. Form I-601 strictly applies to persons who fall under one or more grounds of inadmissibility. Hence if you don’t fall under any of the grounds of inadmissibility, there is no point in filing the form, and in fact can be dangerous to your application. Whether you qualify or not is a legal question, so please don’t try to make this determination yourself!
  2. Remember – just because USCIS says you need an I-601 does not necessarily mean they’re right. We have won cases by pushing back and arguing that an I-601 is not required because the ground of inadmissibility was not legally triggered. Again – a legal determination – so don’t try to do it yourself! We’re here to help advise you.

  1. You must provide ALL relevant information. They must also be accurate and up to date. Moreover, ensure that you sign your application properly– USCIS will reject it otherwise.
  2. You must select all the grounds of inadmissibility that apply to you. You must also provide a statement, explaining in your own words the reason(s) for your inadmissibility. Also, you must provide evidence and supporting documents regarding the reasons for your inadmissibility.
  3. You can tender a persuasive statement with evidence to support the waiver of your reason(s) for inadmissibility. Hence, ensure that your statement is strongly persuasive. You should include more factors that are favorable to you, over the unfavorable ones.

Note: This form comes with spaces provided for the statement explaining your reason(s) for inadmissibility, and the persuasive statement requesting relief/waiver.

Who Else Can File This Form?

Other categories of persons who can file Form I-601 include:

  • Temporary Protected Status (TPS) applicants
  • Self-petitioners or children of self-petitioners of the Violence Against Women Act (VAWA)
  • Applicants for residential status adjustment based on the T nonimmigrant status
  • Applicants under the Special Immigrant Juvenile (SIJ) category who file for the adjustment of status.

What Is The Filing Fee For Form I-601?

This form comes with a filing fee of $930 that you must pay to the Department of Homeland Security. However, for applicants outside the United States, contact the nearest Embassy or Consulate about the filing fee.

Note: Form I-601A (for “stateside waivers”) is a separate type of waiver application, and the filing fee is only $630. There is also an $85 biometric fee, for a total of $715. Do not confuse these applications or it will be rejected!)

Can I Get A Fee Waiver For Form I-601?

USCIS will only accept filing fee waiver requests from;

  • VAWA self-petitioners
  • T visa applicants
  • TPS applicants
  • An abused spouse or child of a U.S citizen or LPR
  • A foreigner whose likelihood of becoming a public charge is yet to be determined as at the time of filing Form I-601

Get In Line With The Waiver Checklist! Contact Us!

Filing the Form I-601 is highly subjective, and you’d be losing your chance of persuasion by making mistakes. The slightest error in filing your Form I-601 can also result in rejection, and a whole repeat of the process.

But this is something we absolutely cannot allow! We will help you scale through! Just contact us.

So, reach out to The Hma Law Firm! We would love to help!