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What is i601 waiver? Cost, Eligibility, Processing Time, Approval Explained

What is i601 waiver?

If you ever been denied entry to the united states for immigration purpose such as a visa, adjustment of status or other immigration benefits, you can resolve the problem by filing a waiver called i601 (waiver for the ground of inadmissibility) .

It needs to be filed in the USCIS or the nearest consular section and request their ground of inadmissibility to be waived. “Only if you are eligible”

Who can file an i601 waiver?

You can see this table of information to understand more better.

Applicants Who May File an I-601 Waiver Grounds of Inadmissibility that May be Waived
  • Applicants for adjustment of status to lawful permanent residence
  • Applicants for an immigrant, K, or V nonimmigrant visa (and are outside of the U.S., have had a visa interview, and during the interview were found inadmissible)
  1. Heath related grounds of inadmissibility
  2. Certain criminal grounds of inadmissibility
  3. Immigration fraud and misrepresentation
  4. Immigrant membership in a totalitarian party
  5. Alien smuggler
  6. Being subject to civil penalty
  7. The 3-year or 10-year bar due to previous unlawful presence in the U.S.
Applicants for Temporary Protected Status

 

  1. Most grounds of inadmissibility listed in INA 212(a) (e.g. grounds related to health, criminal past, security, labor certification, illegally entering the country, documentation requirements, etc.)

 

Applicants for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act 202 or Haitian Refugee Immigration Fairness Act 902

 

  1. All grounds listed for the adjustment of status applicants (except 3-year or 10-year bar due to previously unlawful presence in the U.S.)
  2. Aliens previously removed
  3. Unlawful presence after previous immigration violations

 

Applicants for an immigrant visa or adjustment of status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner

 

  1. All grounds listed for the adjustment of status applicants
  2. Unlawfully present after previous immigration violations
Applicants for adjustment of status based on T nonimmigrant status

 

  1. Most grounds listed in INA 212(a) (e.g. grounds related to health, criminal past, security, labor certification, illegally entering the country, documentation requirements, etc.)

 

Applicants for adjustment of status as a Special Immigrant Juvenile based on an approved Form I-360

 

  1. Most grounds listed in INA 212(a) (e.g. grounds related to health, criminal past, security, labor certification, illegally entering the country, documentation requirements, etc.)

 

Can I appeal the i601 waiver denial?

Yes! you can appeal. If USCIS denies an i601 waiver the applicant may appeal the decision by filing Form i290B. Notice of appeal with the USCIS appeals office.

Can I file the i601 form by myself?

You can, but it’s not recommended. i601 is the most complicated process that needs valid reasons. You need an experienced immigration lawyer who can file the form for you. Make sure that, when you find a lawyer he needs to be “exceptional” and “experienced” with this kind of waivers.

What is the Cost of i601 Filing?

  • The cost of “extreme hardship” waiver filing fee is 930$
  • The i601A provisional waiver filing fee is 715$

What is the processing time of i601 Waiver?

Four to six months.

 

 

 

Are you looking for a different type of waiver like i212 waiver? Then read this post

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