If you are inadmissible to the United States and are applying for an immigrant visa, an adjustment of status, certain non-immigrant status or certain other immigration benefits, you must complete this form to apply for an exemption from certain grounds of inadmissibility. Please follow the instructions to determine if you should use this form. Form I-601A is used for applicants in the United States with immediate U.S. citizens or green card family members (such as parents or spouses) who entered the United States illegally. If you wish to apply for a green card, you must leave the United States and apply to a U.S. embassy or consulate. To circumvent the three- or ten-year travel ban, you must apply for an inadmissibility waiver to return to the United States. In general, the I-601 waiver of the grounds of inadmissibility does not expire when it is granted. Approved derogations shall apply only to the specific grounds of inadmissibility specified in the request for derogation. Crimes or incidents that you have not disclosed in your application are not covered by the waiver. Exceptions exist for exemption applications filed by (1) a Convention adoptee as part of the Application for Form I-800 for the classification of the Convention Adoptee as a direct relative (2) K applicants for a nonimmigrant visa who wish to enter the United States on a K-1 or K-2 nonimmigrant visa, (3) conditional residents seeking conditional residency under sections 216 and 216A of the INA; and (4) GST claimants who apply for an exemption to claim a GST I-821 claim, subject to validity restrictions.
You can use Form I-601 to apply for an exemption if it has been determined that you are not eligible to enter the United States as an immigrant, or to adjust your status in the United States (and certain other visa categories) for certain inadmissibility reasons. Be sure to review the instructions on Form I-601 to see what eligibility reasons can be waived for your visa category. A request to waive grounds of inadmissibility is an application for legal entry into the United States made by a person that is otherwise inadmissible for one or more reasons. The application is submitted to the consular office, the U.S. Citizenship and Immigration Office or the immigration court, reviewing the immigrant visa or adjusting the application for status. [1] Please do not submit this checklist with your Form I-601. This is an optional tool that you can use when preparing your form, but it does not replace the legal, regulatory, and instructional requirements of the form. 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. Be sure to carefully read the instructions section of Form I-601A on your immigration status when applying for this exemption. If you are abroad and the U.S. consular officer has determined that you do not qualify for an immigrant visa or a K or V visa for non-immigrants because you are inadmissible to the United States, you may be able to apply for an inadmissibility exemption.
20.07.21. You will find the date of issue at the bottom of the page on the form and instructions. Note: Some crimes of moral reprehensibility do not require the filing of the I-601 waiver. Please contact our office to determine if you should file the I-601 waiver based on your criminal record. If in doubt, read the instructions in I-601 carefully. For more information, please visit our Fee Waiver page. Important Note: The Immigration and Nationality Act (INA) has specific grounds for inadmissibility, and not all visa categories can apply to all categories of inadmissibility. In other words, you may only be eligible for an exemption for certain categories, depending on the type of visa you are applying for. For more information, see «Who can file Form I-601?» in the instructions on Form I-601.
To qualify for the I-601 waiver, you must have at least one qualified parent through whom you can claim the waiver. K visa applicants are exempt from this requirement. Instead of a qualified relative, the K visa applicant only has to prove that the petitioner is a U.S. citizen. For all other applicants, qualified parents may include a U.S. citizen or spouse, parent, or child with lawful permanent residence (LPR). Important Note: This form is used to waive the time you are prohibited from re-entering the United States if you have exceeded a visa or if you have lived in the United States without a green card, valid visa or U.S. citizenship. For more detailed instructions, see «Who can file Form I-601A?» in the instructions on Form I-601A. Don`t forget to sign your form! We will reject any unsigned form. All applicants must be in the United States at the time of filing Form I-601A and must report to a USCIS facility for a biometric appointment. USCIS may also require you to attend an interview at any time or provide fingerprints, photos, or signatures to verify your identity, obtain additional information, and conduct background and security checks.
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