I-601 Ins 83-c Toc

D ELIBERATIVE – Not approved by USCIS or DHS Leadership -- DRAFT

TABLE OF CHANGES – INSTRUCTIONS

Form I-601, Application for Waiver of Grounds of Inadmissibility

OMB Number: 1615-0029

09/28/2016

Reason for Revision: The instructions currently do not sufficiently distinguish between VAWA self-petitioners (and their children) seeking adjustment of status under INA section 245(a) and VAWA self-petitioners (and their children) seeking adjustment of status under a provision of law other than INA section 245(a). The term ‘VAWA self-petitioner’ is defined at INA 101(a)(51) and certain populations listed under this statute may seek adjustment of status under a provision different from INA 245(a). For example, certain abused spouses and children of qualifying Cuban principals (a population listed in the ‘VAWA self-petitioner’ definition at INA 101(a)(51)) do not adjust status under INA 245(a), but rather under provisions of the Cuban Adjustment Act. After receiving public feedback, USCIS is seeking to remedy this deficiency as quickly as possible by adding the below proposed text.

Current Section and Page Number	Current Text	Proposed Text
Part 10, Additional Information, Page 15, You Are An Approved VAWA Self-Petitioner or the child of an Approved VAWA Self-Petitioner Seeking a Waiver Under INA 212(a)(9)(C)(iii) for being Unlawfully Present After Previous Immigration Violations Under INA Section 212(a)(9)(C)	[Page 15] You Are An Approved VAWA Self-Petitioner or the child of an Approved VAWA Self-Petitioner Seeking a Waiver Under INA 212(a)(9)(C)(iii) for being Unlawfully Present After Previous Immigration Violations Under INA Section 212(a)(9)(C) […] NOTE: You do not need to file Form I-601 if you are an approved VAWA self-petitioner (or that person’s child) seeking adjustment of status and if you are inadmissible under INA 212(a)(6)(A)(i)(presence in the United States without admission or parole, or arrival in the United States other than at an open U.S. Port-of-Entry). According to USCIS policy, you are eligible for adjustment of status under INA section 245(a) regardless of your unlawful entry and USCIS also considers inadmissibility under INA section 212(a)(6)(A)(i) waived for a beneficiary of an approved VAWA self-petition. Because inadmissibility under INA section 212(a)(6)(A)(i) ends when you leave the United States, you do not have to submit any special documentation with an immigrant visa application that is based on your approved VAWA self-petition.	[Page 15] You Are An Approved VAWA Self-Petitioner or the child of an Approved VAWA Self-Petitioner Seeking a Waiver Under INA 212(a)(9)(C)(iii) for being Unlawfully Present After Previous Immigration Violations Under INA Section 212(a)(9)(C) […] NOTE: You do not need to file Form I-601 if you are an approved VAWA self-petitioner (or that person’s child), inadmissible under INA 212(a)(6)(A)[presence in the United States without admission or parole, or arrival in the United States, other than at an open U.S. Port-of-Entry] and seeking adjustment of status under INA section 245(a). According to USCIS policy, you are eligible for adjustment of status under INA section 245(a) regardless of your unlawful entry and USCIS also considers inadmissibility under INA section 212(a)(6)(A)(i) waived for a beneficiary of an approved VAWA self-petition.