If you are going to immigrate to the United States, one of the worst outcomes would be to be declared “inadmissible” by the U.S. authorities during the immigration application process. However, in this kind of situation, you can apply for an I601 waiver, which may waive the grounds of inadmissibility.
Together with the experts at Urbina Immigration Law we will see everything you need to know about this kind of waiver and how to get it. Don’t let a past mistake prevent you from fulfilling your American dream and contact us to get the waiver of inadmissibility you need to start your dream life in the United States.
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What is an immigration waiver?
A waiver or immigration waiver is a pardon granted by the U.S. government to aliens who have violated the laws of the United States. It is usually granted to any migrant deemed inadmissible within the territory of the United States, as long as he or she has not committed any crimes that immigration does not forgive. crimes that immigration does not pardon.
What is an I601 waiver?
An I601 waiver, also known as an immigration waiver of inadmissibility, is an application to waive certain grounds of inadmissibility and allow entry or adjustment of status to the United States. It also exempts from deportation children, spouses or fiancées of citizens or lawful permanent residents.
Requirements to apply for an I601 waiver
Normally, any migrant with waivable grounds of inadmissibility may apply for an I601 waiver if he or she meets the following requirements:
- Be an applicant for:
- K Visa.
- U Visa.
- V Visa .
- Adjustment of Status to lawful permanent residence (this excludes some adjustment categories).
- Temporary Protected Status (TPS).
- Adjustment of Status based on nonimmigrant status T.
- Adjustment of Status as Special Immigrant Juvenile (SIJ).
- Adjustment of Status under the Nicaraguan Adjustment and Central American Relief.
- Adjustment of Status as a self-petitioner under VAWA or being a child of a VAWA self-petitioner.
- Being outside the United States.
- Have been deemed inadmissible after a visa interview with a consular officer.
- Demonstrate that you have at least one family member who is a citizen or permanent resident (spouse, parent, or child) who would suffer extreme hardship if you fail to obtain an I601 waiver.
Please note that there are different categories of waivable offenses depending on the type of visa you choose. For example, there are certain crimes that the U visa can waive while other visas do not allow the same exemptions. For this reason, it is important to consult with a professional who will guide you to the right waiver for your case.
What crimes does the I601 waiver exempt me from?
The I601 waiver may waive certain grounds of inadmissibility. Below is a list of some of the offenses that can be forgiven with an I601 waiver:
- Misdemeanors or minor offenses.
- Drug-related offenses, such as possession of drugs for personal use.
- Domestic violence crimes.
- Fraud or petty theft offenses.
- Driving under the influence of alcohol or drugs offenses.
- Offenses of forgery or use of false documents.
- Offenses of illegal entry or illegal reentry into the United States.
- Crimes related to firearms or dangerous weapons.
It is important to keep in mind that eligibility for exemption for these offenses depends on several factors, such as severity, time elapsed since commission, and criminal history. In addition, each case is evaluated individually and there is no guarantee that an I601 waiver will be approved for a specific offense.
What form should I use to apply for an I601 waiver?
To apply for this waiver you must use the Form I601 (Application for Waiver of Grounds for Inadmissibility). It must include the following information:
- First and Last Name.
- Date of birth.
- Mailing address.
- E-mail address.
- Physical address where you currently reside.
- Number A (if you have one).
- Biographical information (ethnicity, race, height, weight, etc.).
- Information about your entry into the United States (date of admission, immigration status, etc.).
- Cause of inadmissibility.
Be sure to consult the Form I601 instructions and seek legal assistance to learn which grounds of inadmissibility may be waived for your visa category. An error in filling out the form could cause the immigration authorities to reject your application.
Where do I file my Form I601?
The filing address for Form I601 varies depending on your immigration status. Therefore, here is a table where you will find the shipping address corresponding to your situation:
| If it is… | Send Form I601 to… |
| – Petitioner seeking an immigrant visa or adjustment of status under VAWA – A T nonimmigrant seeking adjustment of status. | USCIS Vermont Service Center38 River Road Essex Junction, VT 05479-0001 |
| An applicant for an immigrant visa or a K or V nonimmigrant visa and has been found inadmissible by a consular officer after his or her visa interview. | – USCIS Phoenix Secure Location (Lockbox) – United States Postal Service (USPS) deliveries: USCIS Attn: I-601 Foreign Filers P.O. Box 21600 Phoenix, AZ 85036-1600 – FedEx, UPS and DHL deliveries: USCIS Attn: I-601 Foreign Filers (Box 21600) 2108 E. Elliot Rd. Tempe, AZ 85284-1806 To request processing at a USCIS office abroad due to exceptional and compelling humanitarian reasons review the information about exceptions to domestic filing in the USCIS document. |
| An applicant filing Form I601 together with Form I485 (Application to Register Permanent Residence or Adjust Status). | Follow the instructions for Form I-485. |
| An applicant filing Form I601 with a pending Form I485 | If the receipt number on your Form I-485 (located on Notice of Action I-797C) begins with “MSC” or “IOE” and does not have a 3-letter code at the beginning, then send your form to: – Chicago USCIS Secure Location (Lockbox) – United States Postal Service (USPS) deliveries: USCIS Attn: AOS P.O. Box 805887 Chicago, IL 60680 – FedEx, UPS and DHL deliveries: USCIS Attn: AOS (Box 805887) 131 S. Dearborn-3rd Floor Chicago, IL 60603-5517 |
| If the receipt number on your Form I-485 (located on Notice of Action I-797C) begins with “EAC,” “LIN, “SRC,” or “WAC,” then send your form to: – USCIS Secure Location in Dallas (Lockbox) – United States Postal Service (USPS) Deliveries USCIS Attn: NFB P.O. Box 660867 Dallas, TX 75266-0867 – FedEx, UPS and DHL deliveries: USCIS Attn: NFB (Box 660867) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003 | |
| TPS applicant submitting Form I601 along with Form I821 (Application for Temporary Protected Status) | Submit your forms according to the instructions in the Federal Register notice published for TPS designation for your country. |
| A migrant in removal proceedings | File Form I601 with the Executive Office for Immigration Reform (EOIR) according to the instructions provided to you in court. |
How to apply for an I601 waiver?
Step 1 – Determine Eligibility
Verify that you are eligible to apply for an I601 waiver based on your immigration status and the grounds of inadmissibility applicable to your case. Remember that not every crime can be pardoned by immigration.
Step 2- Gather the necessary documentation
Gather all required supporting documents and evidence to support your I601 waiver application, including:
– Criminal records.
– Proof of family relationship to U.S. citizens or residents.
– Evidence of extreme hardship to their U.S. citizen or resident relatives.
Step 3 – Complete the Form I601
Once you have all the necessary supporting documentation, complete and submit Form I601 (Application for Waiver of Grounds for Inadmissibility). Be sure to follow the instructions provided by USCIS and attach the required documentation.
Step 4 – Pay the appropriate fee
Pay the Form I601 filing fee ($930). Generally, fees can be paid by personal check, cashier’s check, money order or credit card by completing Form G-1450.
Step 5 – Submit your application
Send your complete application (including the Form I601 and supporting documentation) by mail or through the online filing system, according to the instructions provided by USCIS. Retain a copy of all documents submitted and keep a record of the date and method of submission for future reference.
Step 6 – Wait for a response from USCIS
Remember that you should not enter the United States until USCIS notifies you that your I601 waiver application has been approved. Otherwise, he could be considered to have made an illegal entry into the country. illegal entry into the countryThis is a federal crime punishable by imprisonment, fines, and/or deportation.
It is important to note that the process may vary from case to case. Therefore, it is advisable to seek specialized legal advice. Don’t let a past mistake keep you from realizing your American dream. At Urbina Immigration Law we can help you. Contact us today and get the legal advice you deserve.
How long does an I601 waiver take?
While I601 waiver processing times may vary depending on demand and the specifics of your case, the average processing time is approximately 12 to 16 months.
Can I apply for an immigration waiver in the United States?
In most cases, the immigrant can apply for a waiver within the United States. In addition, depending on the type of pardon you apply for, leaving the country could be a mistake that would worsen your situation. However, it is recommended that you seek professional legal advice to organize your options according to the particularities of your case.
What is the difference between the I601 and I601A forgiveness?
They differ in the time and place in which they occur. Form I601 is used to apply for a waiver of inadmissibility grounds after a consular interview or after having been deported. Instead, the I601A is used to apply for a provisional waiver of inadmissibility grounds before departing the United States.
Do I have to pay a fee to apply for an immigration waiver?
Yes, the application for an immigration waiver must be paid. However, the amount varies depending on the type of waiver requested. The most common costs are:
– $930 for the I601 waiver.
– 715 for the I601A waiver.
– $930 for the I212 waiver.
Fees can generally be paid by personal check, cashier’s check, money order or credit card by completing Form G-1450.
What types of immigration waivers are there?
There are currently 10 types of immigration waivers. However, the three most common are:
– Forgiveness I601.
– Forgiveness I601A.
– Forgiveness I212.
You can find out what they are and what each of them consists of in our article about immigration waivers.
Professional assistance in applying for an I601 waiver
A ground of inadmissibility to enter the United States is a significant, but not impossible, obstacle to overcome. With the I601 waiver, any immigrant without a serious record can gain lawful entry or adjust status in the country.
At Urbina Immigration Law we know that this is not an easy task and we put all our experience, legal knowledge and dedication to help you realize your American dream. Don’t let a past mistake stand in the way of your future. Contact us today and let’s fight together for your right to a better tomorrow.
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Sources
USCIS – I-601, Application for Waiver of Grounds for Inadmissibility
USCIS – Directions for direct filing of Form I-601
Other resources you may be interested in
What is a Migratory Waiver and how should I apply for it?
U Visa Benefits: Which crimes are pardonable and which are not
How to avoid deportation in the U.S.: the complete guide
Did you know that illegal re-entry into the United States has serious consequences?
