I-601 Instructions TOC

Table of Changes

Form I-601 INSTRUCTIONS

OMB Control No. 1615-0029

I-601 Instructions	Current Version	Proposed Version
Page 1 What Is the Purpose of This Form?	An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility.	An individual who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file a Form I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds of inadmissibility.
Page 1, Who May File This Form?	………………. 1. An immigrant visa applicant; 2. Any applicant for adjustment of status; or 3. K-1 or K-2 nonimmigrant visa applicant (see Specific Instructions) 4. K-3, K-4, or V nonimmigrant visa applicant; (…) 8. Violence Against Women Act (VAWA) self-petitioner; or 9. T nonimmigrant visa status holder filing for adjustment of status who is inadmissible by reason of a ground that has not already been waived in connection with the T nonimmigrant status; and who seeks a waiver of the following grounds of inadmissibility: A. Health-related grounds (INA section 212(a)(1)); (……..) F. The 3-year or 10-year bar (INA 212(a)(9)(B)); G. Certain grounds of inadmissibility, if filed by an applicant for TPS; (………)	……………… 1. An immigrant visa applicant who is outside the United States who has had a visa interview with a consular officer and was found inadmissible; 2. Any applicant for adjustment of status; 3. K-1 or K-2 nonimmigrant visa applicant who is outside the United States who has had a visa interview with a consular officer and was found inadmissible (see section entitled “Specific Instructions”); 4. K-3, K-4, or V nonimmigrant visa applicant who is outside the United States who has had a visa interview with a consular officer and was found inadmissible; (…) 8. Violence Against Women Act (VAWA) self-petitioner applying for adjustment of status or an immigrant visa; 9. T nonimmigrant applying for adjustment of status who is inadmissible based on a ground that has not already been waived in connection with the T nonimmigrant status; and who seeks a waiver of the following grounds of inadmissibility: a. Health-related grounds (Immigration and Nationality Act (INA) section 212(a)(1)); (……..) f. The 3-year or 10-year bar due to previous unlawful presence in the United States (INA 212(a)(9)(B)); g. Certain grounds of inadmissibility, if filed by an applicant for TPS (see section of instructions entitled “TPS Applicants Seeking a Waiver of Grounds of Inadmissibility Under INA Section 244(c)(2)(A)(ii);” (……..)
Page 1 Note	NOTE: Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases, if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, or if you otherwise lose your legal permanent resident status. If you obtained the waiver in connection with an application for lawful permanent residence on a conditional basis under section 216 of the Act, the validity of the waiver automatically ceases with the termination of such residence; no separate notification of termination of the waiver is needed, and the termination of the waiver cannot be appealed. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again. Also, a waiver granted in relation to a TPS application is only valid for the TPS application. Also a waiver granted in relation to a TPS application is only valid for the TPS application. …	Page 2, [Delete section in current column and add new section] How Long is a Waiver Valid? Except as provided below, if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, or if you otherwise lose your legal permanent resident status. The following waivers are either conditional or limited to certain benefits. Convention Adoptee. If you obtain a waiver in connection with a Petition to Classify Convention Adoptee as an Immediate Relative, Form I-800, the approval of your waiver is conditioned upon the final issuance of an immigrant or nonimmigrant visa based on the final approval of the Form I-800. K Nonimmigrant Visa Applicant. If you obtain a waiver in connection with an application for a K-1 or K-2 nonimmigrant visa, the approval of your waiver is conditioned upon the marriage of the K-1 visa applicant and the K-1 visa petitioner after the K-1 nonimmigrant visa applicant is admitted to the United States. Conditional Resident. If you obtain a waiver in connection with an application for lawful permanent residence on a conditional basis under INA section 216, the validity of the waiver automatically ceases with the termination of such residence; no separate notification of termination of the waiver is needed, and the termination of the waiver cannot be appealed. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again. TPS Applicant. If you obtain a waiver in connection with a Form I-821, Application for Temporary Protected Status, the waiver is only valid for the TPS application. If granted, the waiver will apply to subsequent TPS re-registration applications, but not to any other immigration benefit applications.
Page 2, General Instructions	7. The application must be signed by the applicant and submitted with the required fee. If the application is not properly signed and submitted with the required fee, the application will be returned as incomplete. Please see “Specific Instructions” for additional reasons why the application may be rejected. Step 1. Fill Out Form I-601 1. When filling out the form, type or print legibly in black ink. Make sure the entire form, including the agency copy, is properly completed. 2. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet. 3. Answer all questions fully and accurately. If the answer is not applicable write “N/A.” If the answer is none, write “none.” (………….)	Page 2, General Instructions Language has been revised; See first paragraph of General Instructions above. (Sub sections “Evidence”, “Biometrics Services Appointment”, “Translations”, and “Copies” have been added in the instructions, to be standardized in this section.) Each application must be properly signed and accompanied by the appropriate fee or a fee waiver request if such a request can be filed for the particular benefit. (See the section of the instructions entitled "What is the Filing Fee?" A photocopy of a signed application or typewritten name in place of a signature is not acceptable. Evidence. You must submit all required initial evidence along with all the supporting documentation with your application at the time of filing. Copies. Unless specifically required that an original document be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record and will not be automatically returned to you. Translations. Any document containing foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English. How to Fill Out Form I-601 1. Type or print legibly in black ink. 2. If you need additional space to complete any item, proceed to Part 6, Additional Information, of the form. In order to assist us in reviewing your response, you must identify the Part Number and Item Number to which your answer refers. 3. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” leave the space blank. Page 3, 4. Applicant’s Signature…. If you are 14 years of age… c. If you are filing this application to waive inadmissibility for a communicable disease of public health significance (under INA section 212(g)), and you are not competent to sign the application, a qualified family member listed in “Specific Instructions, Applicants Seeking a Waiver under INA Section 212(g) of Health Related Grounds of Inadmissibility under INA Section 212(a)(1), 1. Applicants Seeking a Waiver Under INA 212(g)(1) of Inadmissibility Due to Communicable Diseases” may file and sign the application on your behalf. This qualifying relative may sign the application for you even if that person is not your legal guardian. 5. Preparer’s Signature… Delete ¶ 6.
		Page 3, Special Note to K-1 and K-2 Nonimmigrant Visa Applicants Revise the language under #s 1-3 to read “Write” instead of “Indicate” and under 1.b. revise it to read: 1.b. Write “Prospective Spouse” in the data collection box for item number 5. (Relationship to Applicant) Make this same change under 2.b., 3.b., 3.c.
Page 3 and 4: Applicants Seeking a Waiver of Health-Related Grounds of Inadmissibility under INA section 212(a)(1)	Applicants Seeking a Waiver of Health-Related Grounds of Inadmissibility under INA section 212(a)(1) 1. Applicants with Communicable Diseases * * * * * 3. Applicants with Physical or Mental Disorder and Associated Harmful Behavior. 4. Applicants Seeking to Waive the Vaccination Requirement	Pages 4-5 Applicants Seeking a Waiver under INA Section 212(g) of Health-Related Grounds of Inadmissibility under INA section 212(a)(1) 1. Applicants Seeking a Waiver under INA Section 212(g)(1) of Inadmissibility Due to Communicable Diseases * * * * * 3. Applicants Seeking a Waiver under INA Section 212(g)(3) of Inadmissibility Due To Physical or Mental Disorder and Associated Harmful Behavior. 4. Applicants Seeking a Waiver under INA Section 212(g)(2)(C) of the Vaccination Requirement.
		Page 4 2. Applicants with Class A Tuberculosis Condition as Per HHS Regulations If you have been diagnosed with a Class A Tuberculosis condition as per HHS regulations, you and the physician at the local health department in the area where you plan to reside must complete the last 2 pages of this form, entitled “To Be Completed for Applicants With Class A Tuberculosis Condition.” If these pages of the application are not completed, the application will be returned to you without further action.
Page 4, Applicants seeking a Waiver of Certain Criminal Grounds of Inadmissibility and Immigration Fraud or Misrepresentation under INA Sections 212(h) and (i), 2. Immigration Fraud or Misrepresentation.	If you are inadmissible because (…) B. You are a VAWA self-petitioner, and that you or your U.S. citizen or lawful permanent resident parent or child may experience extreme hardship if you were denied admission. For information about how you can establish extreme hardship, please see "What Evidence Should Be Submitted With the Application?" (Page 7).	Page 5 If you are inadmissible because (…) b. You are a VAWA self-petitioner, and you or your U.S. citizen, lawful permanent resident, or qualified parent or child may experience extreme hardship if you were denied admission. For information about how you can establish extreme hardship, see the section of the instructions entitled "What Evidence Should Be Submitted With the Application?"
Pages 4 and 5 Applicants Seeking a Waiver for Immigrant Membership in a Totalitarian Party Under INA Section 212(a)(3)(D)(i)	If you are inadmissible for (…) The waiver may be granted for humanitarian purposes to assure family unity, or when it is otherwise in the public interest, if you are not a threat to the security of the United States.	Page 6 If you are inadmissible for (…) The waiver may be granted for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, if you are not a threat to the security of the United States.
Page 5, Applicants Seeking a Waiver of Inadmissibility based on the 3-Year or 10-Year Bar Under INA 212(a)(9)(B)(v)	(…) If you are inadmissible because you have been unlawfully present in the United States in excess of either 180 days (3-year bar) or 1 year (10-year bar), you may seek a waiver by filing this form. (…)	Page 7 (…) If you are inadmissible because you were previously unlawfully present in the United States in excess of either 180 days (3-year bar), or 1 or more years (10-year bar), you may seek a waiver by filing this form. (….)
Page 5, TPS Applicants Seeking a Waiver of Grounds of Inadmissibility Under INA Section 244	TPS Applicants Seeking a Waiver of Grounds of Inadmissibility Under INA Section 244 If you are a TPS applicant applying for a waiver of any grounds of inadmissibility listed in INA section 212, your waiver may be granted for humanitarian purposes, to assure family unity or when it is otherwise in the public interest. No waiver of inadmissibility is available to TPS applicants for the following grounds of inadmissibility: 1. INA section 212(a)(2)(A), (B), or (C) (except for a single offense of simple possession of 30 grams or less of marijuana); or 2. INA section 212(a)(3)(A), (B), (C), or (E). NOTE: A waiver that is granted in relation to an application for TPS is valid only for purposes of your application for TPS. If you seek an immigrant visa or adjustment of status, you may need to apply for an additional waiver at that time.	Pages 7 and 8 TPS Applicants Seeking a Waiver of Grounds of Inadmissibility Under INA Section 244(c)(2)(A)(ii) If you are a TPS applicant applying for a waiver of any relevant grounds of inadmissibility listed in INA section 212, your waiver may be granted for humanitarian purposes, to assure family unity or when such a waiver is in the public interest. In Part 1 of the form, under the section entitled “Reason(s) for Inadmissibility,” item number 51, you must provide all information that supports your request for a waiver for one or more of these reasons. The following grounds of inadmissibility do not apply to TPS applicants. These grounds will not cause you to be found inadmissible for TPS purposes ONLY. You do not need to file this form for the following grounds of inadmissibility if you are a TPS applicant: 1. Public charge (INA section 212(a)(4)); 2. Labor Certifications and qualifications for certain immigrants (INA section 212(a)(5)); 3. Aliens present without admission or parole (INA section 212(a)(6)(A)); 4. Stowaways (INA section 212(a)(6)(D)); 5. Student visa violators (INA section 212(a)(6)(G)); 6. Documentation requirements for immigrants and nonimmigrants (INA section 212(a)(7)) ; 7. Certain aliens previously removed (INA section 212(a)(9)(A)); 8. Aliens unlawfully present (INA section 212(a)(9)(B)); and 9. Alien’s unlawfully present after previous immigration violations (INA section 212(a)(9)(C)). No waiver is available to TPS applicants for the following grounds of inadmissibility: 1. Crimes involving moral turpitude (INA section 212(a)(2)(A)(i)(I)), except purely political offenses, certain juvenile offenses committed under the age of 18, or a single petty offense for which the maximum penalty was one year or less and the actual sentence was 6 months or less. You do not need to apply for a waiver on this form if your offense falls within these statutory exceptions. 2. Controlled Substance violations (INA section 212(a)(2)(A)(i)(II)), other than a single offense of simple possession of 30 grams or less of marijuana. You may apply for a waiver on this form if your offense was for such simple possession of marijuana. 3. Multiple criminal convictions (INA section 212(a)(2)(B)), except for purely political offenses. 4. Controlled substance traffickers (INA section 212(a)(2)(C)) 5. General security and related grounds (INA section 212(a)(3)(A)) 6. Terrorist activities (INA section 212(a)(3)(B)) 7. Adverse foreign policy consequences for the U.S. (INA section 212(a)(3)(C)) 8. Immigrant membership in totalitarian party (INA section 212(a)(3)(D)) 9. Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing (INA section 212(a)(3)(E)). NOTE: Although certain grounds of inadmissibility do not apply to TPS applicants, they may still apply to you if you are seeking an immigration benefit other than TPS in the future. In addition, a waiver granted for TPS is valid only for purposes of your application for TPS. If you seek an immigrant visa or adjustment of status, you may need to apply for an additional waiver at that time.
Page 6	Approved I-360 VAWA Self-Petitioner and His or Her Child(ren) Seeking a Waiver of Inadmissibility Under INA Section 212(a)(9)(C)(iii)	Page 8 Approved VAWA Self-Petitioner and His or Her Child(ren) Seeking a Waiver of Inadmissibility Under INA Section 212(a)(9)(C)(iii)
Page 7, What Evidence Should Be Submitted With the Application?	(…) In support of your application, you should provide evidence that establishes why you may qualify for a waiver of inadmissibility. Depending on the type of waiver, this information and evidence may include but is not limited to: (…)	Page 9 (…) In support of your application, you should provide evidence that establishes why you may qualify for a waiver of inadmissibility. In all cases, you must show that the approval of your application is warranted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case. Depending on the type of waiver, this information and evidence may include but is not limited to: (…)
Page 9-10, What Evidence Should Be Submitted With the Application?	*** 7. If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanten residence, or the fiancé(e) of a U.C. citizen, you must attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, parent, son, daughter, or your U.S. citizen fiancé(e). Such evidence can include but is not limited to: Evidence establishing the family relationship (birth certificate, marriage certificate, etc); Presence of legal permanent resident or U.C. citizen family ties to the United States; Qualifying relative’s family ties outside the United States; Country conditions in the country you would have to relocate to and the qualifying relative’s family ties to that country; Financial impact of departure from the United States; Significant health conditions, and if appropriate, what type of treatment and suitable medical care is available in that country; The impact of separation; Other conditions that impact the relocation, such as economic and social conditions impacting quality of life, technical skills, etc.	Page 9-10 Pay close attention to the qualifying family relationship that you have to establish if you apply for an extreme hardship waiver. While the relationships appear to be similar, the various waiver provisions contain different qualifying family relationships. *** 7. If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen, you must submit evidence establishing the family relationship (birth certificate, marriage certificate, etc) and attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or lawful permanent resident spouse, parent, son, daughter, or your U.S. citizen fiancé(e). Factors USCIS considers when determining extreme hardship include, but are not limited to: Health – For example: Ongoing or specialized treatment required for a physical or mental condition; availability and quality of such treatment in the foreign country; anticipated duration of the treatment; chronic vs. acute vs. long or short-term care. Financial Considerations – For example: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children with special needs; cost of care for family members (elderly and sick parents).  Education – For example: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time or grade; availability of special requirements, such as training programs or internships in specific fields. Personal Considerations – For example: Close relatives in the United States and country of birth or citizenship; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.  Special Factors – For example: Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access (or lack of access) to social institutions or structures (official or unofficial) for support, guidance, or protection. Evidence of extreme hardship may include, but is not limited to: Affidavits from the qualifying relative or other individuals with personal knowledge of the claimed hardships; Expert opinions; Evidence of employment or business ties, such as payroll records or tax statements; Evidence of monthly expenditures such as mortgage, rental agreement, bills and invoices, etc.; Other financial records supporting any claimed financial hardships; Medical documentation and/or evaluations by medical professionals supporting any claimed medical hardships; Records of membership in community organizations, volunteer confirmation, and evidence of cultural affiliations; Birth/marriage/adoption certificates supporting any claimed family ties; Country condition reports; and Any other evidence you believe supports the claimed hardships.
Page 8, continued from What evidence Should be Submitted With the Application?	[before the NOTE in the second column] 10. If you are a TPS applicant, any information that supports granting your waiver request on humanitarian, family unity, or public interest grounds.	Page 10 [ADD]: 10. If you are a TPS applicant, submit any evidence that demonstrates that the granting of your waiver serves humanitarian purposes, family unity or is in the public interest. NOTE: Your application should be supported by documentary evidence… Medical assertions should be supported by a medical professional’s statement.
Page 9 What Is the Filing Fee?	All applications must be accompanied by a fee of $585. The fee cannot be refunded, regardless of the action taken on the application. Do not mail cash. All fees must be submitted in the exact amount. A fee waiver request may be requested from a VAWA self-petitioner, or applicant for a T visa or U visa, battered spouse or child of a lawful permanent resident or U.S. Citizen, an applicant for Temporary Protected Status, or an applicant ho is exempt from the public charge grounds of inadmissibility under INA section 212(a)(4). The Form I-912, Request for Fee Waiver, can be used. (…) Use the following guidelines when you prepare your check or money order for the Form I-601 fee: 1. The check or money order must be drawn on a bank or other financial institution located in the United Sates and must be payable in U.S. currency; and 2. Make the check or money order payable to U.S. Department of Homeland Security, unless: If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. Embassy or consulate for instructions on the method of payment. NOTE: Spell out… …………… How to Check If the Fees Are Correct The form fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: (……….) NOTE: If you live outside of the United States please note that you may have to dial an international code to access the National Customer Center and that your calls may not be toll free.	Pages 10 and 11 (Moved to section before “Where to File”) All applications must be accompanied by a fee of $585 unless you are eligible to request a fee waiver. The fee cannot be refunded, regardless of the action taken on the application. Do not mail cash. All fees must be submitted in the exact amount. A fee waiver may be requested by a VAWA self-petitioner, a T nonimmigrant applying for adjustment of status, an applicant for Temporary Protected Status, or any applicant who is exempt from the public charge grounds of inadmissibility of INA section 212(a)(4). If you believe you are eligible for a fee waiver, please complete Form I-912, Request for a Fee Waiver, (or a written request), and submit it and any required evidence of your inability to pay the form fee with this form. You can review the fee waiver guidance at www.uscis.gov. *** Use the following guidelines when you prepare your check or money order for the Form I-601 fee: 1. The check or money order must be drawn on a bank or other financial institution located in the United Sates and must be payable in U.S. currency; and 2. Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS." How to Check If the Fees Are Correct The fee on this form is current as of the edition date appearing in the lower left corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below: …………… NOTE: If you live outside of the United States please note that you may have to dial an international code to access the National Customer Service Center and that your calls may not be toll free.
Where to File?	Updated Filing Address Information………	Page 11, As part of the Standardization Initiative, we have removed the filing instructions and refer applicants to view the filing instructions on the USCIS Web site. Where To file? Please see our Web site at www.uscis.gov/i-601 or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request.
Page 9, E-Notification	E-Notification If you are filing your Form I-601 at a USCIS Lockbox facility, you may elect to receive an e-mail and/or text message notifying you that your application has been accepted. You must complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application. To download a copy of form G-1145, including the instructions, refer to www.uscis.gov “FORMS.”	Page 12 E-Notification If you are filing your Form I-601 at a USCIS Lockbox facility, you may elect to receive an e-mail and/or text message notifying you that your application has been accepted. You must complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application. To download a copy of form G-1145, including the instructions, refer to www.uscis.gov “FORMS.” The Form G-1145 is activated after the form has been processed at the Lockbox facility and the receipt notice has been issued.
Page 10 Processing Information		Delete 1st ¶.
Page 11, Privacy Act Notice	We ask for the information on this form, and associated evidence, to determine if you have established eligibility for the immigration benefit for which you are filing. Our legal right to ask for this information can be found in the Immigration and Nationality Act, as amended. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may delay a final decision or result in denial of your Form I-601.	Pages 14 and 15 USCIS Privacy Act Statement AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et seq. PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information and any requested evidence may delay a final decision or result in denial of your form. ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.

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