What is I-601 Form?
Prior or during the immigration process, applicant are subject to be labeled as inadmissible while being outside the United States. Applicants seeking immigrant visas or adjustment of status must petition to waive the grounds of inadmissibility.
Below describes the application submission and review lifecycle.
- Applicant attends an U.S. embassy or consulate to receive a immigrant or non-immigrant visa (e.g., K-1: Fiance Visa)
- The consular officer determines the applicant is inadmissible to the U.S.
- The consular officer informs the applicant he/she is eligible to seek a waiver of grounds of inadmissibility
- Applicant files Form I-601 and other accompanying forms.
- USCIS adjudicates the application and communicates the decision to the applicant and the consular officer
- If approved: applicant may enter the United States.
- If rejected: applicant may file a Form I-290B to appeal the decision.
In order to file, applicants must have eligible grounds to file. Applicants must fall into one of the following categories.
Applicants for an immigrant, K, or V nonimmigrant visa
- Health-related grounds of inadmissibility (INA section 212(a)(1))
- Certain criminal grounds of inadmissibility (INA section 212(a)(2))
- Immigration fraud and misrepresentation (INA section 212(a)(6)(c))
- Immigrant membership in totalitarian party (INA section 212(a)(3))
- Alien smuggler (INA section 212(a)(6)(E))
- Being subject to civil penalty (INA section 212(a)(6)(F))
- The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B))
Applicants for Temporary Protected Status (TPS)
- Most grounds of inadmissibility listed in INA section 212(a)
Applicants for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act (NACARA) 202 or Haitian Refugee Immigration Fairness Act (HRIFA) 902
- All grounds listed for the adjustment of status applicants except the 3-year or 10-year bar due to previously unlawful
- presence in the United States
- Aliens previously removed (INA section 212(a)(9)(A))
- Unlawfully present after previous immigration violations (INA section 212(a)(9)(C))
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
- All grounds listed for the adjustment of status applicants
- Unlawfully present after previous immigration violations (INA section 212(a)(9)(C))
Applicants for adjustment of status based on T nonimmigrant status
- Most grounds listed in INA section 212(a)
Applicants for adjustment of status as a Special Immigrant Juvenile (SIJ) based on an approved Form I-360
- Most grounds listed in INA section 212(a)
What are I-601 Instructions?
Filing instructions and address vary based on the applicant’s status. Use the chart below to figure out where to file the application.
| Applicant Status | Mailing Instructions & Address |
| A Violence Against Women Act (VAWA) self-petitioner seeking an immigrant visa or adjustment of status OR A T nonimmigrant seeking adjustment of status. |
USCIS Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479-0001 |
| Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview. | USCIS Phoenix Lockbox
For U.S. Postal Service: For FedEx, UPS, and DHL deliveries:
|
| Filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status. | Follow the Form I-485 Instructions. |
| Filing Form I-601 and myForm I-485 is pending. | If your Form I-485 receipt number (located on the I-797C Notice of Action) begins with “MSC” or does not have a 3-letter code at the beginning of the receipt number, then mail to:
USCIS Chicago Lockbox For U.S. Postal Service: For FedEx, UPS, and DHL deliveries: |
| If your Form I-485 receipt number (located on the I-797C Notice of Action) begins with “EAC” or “SRC”, then mail to:
USCIS Dallas Lockbox For U.S. Postal Service: For FedEx, UPS, and DHL deliveries: |
|
| If your Form I-485 receipt number (located on the I-797C Notice of Action) begins with “LIN” or “WAC”, then mail to: USCIS Phoenix Lockbox Facility For U.S. Postal Service: USCIS P.O. Box 21281 Phoenix, AZ 85036 For FedEx, UPS, and DHL deliveries: USCIS 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034 |
|
| Filing Form I-601 with Form I-821, Application for Temporary Protected Status. | Mail your forms according to the instructions in the recently published Federal Register notice for your country’s TPS designation. |
| In removal proceedings | File Form I-601 with the Executive Office for Immigration Review (EOIR) according to the instructions provided to you in court. For information about EOIR, visit EOIR’s Web site at www.usdoj.gov/eoir |
What is the Difference between I-601 and I-601A Forms?
Similar to I- 601, I-601A: Application For Provisional Unlawful Presence Waiver is to waive the potential penalty for entering the United States without proper visas. However, there are few key differences between two forms. Applicants attempting the remove inadmissible status must use the correct petition form.
I-601: Application for Waiver of Grounds of Inadmissibility
- Applicants must submit the form from outside of the United States.
- Applicants must wait for an approval outside of the U.S. Applicants are prohibited from entering the country. Those who enter the country without an approval may be subject to a deportation.
- Both U.S. citizens or permanent residents may be qualifying residents.
- Applicants may submit accompanying waivers with I-601. An example is a fee waiver form (I-912).
I-601A: Application For Provisional Unlawful Presence Waiver
- Applicants must submit the form while staying in the United States.
- Applicants are permitted to reside in the U.S. during the decision process.
- Only U.S. citizens may be qualifying residents.
- Applicants must submit I-601A alone.
What is the Form I-601 Fee?
The Form I-601 Fee is a fee that is required when submitting a Form I-601, Application for Waiver of Grounds of Inadmissibility. The fee is currently set at $930 and is payable to the U.S. Department of Homeland Security. This fee must be paid when filing the form, and it must be paid in U.S. dollars.
Can I Apply for Form I-601 Fee Waiver or Reduction?
No. Form I-601 Fee Waiver or Reduction is not available to individuals. This form is meant to be used by organizations such as non-profit organizations or religious organizations who are assisting in the immigration process. Individuals are not eligible to apply for this form.
What is the Form I-601 Processing Time?
The processing time for Form I-601 varies depending on the individual case and can take several months or even years. The best way to obtain an estimate of the processing time is to contact the U.S. Citizenship and Immigration Services (USCIS) directly.
Form I-601 Frequently Asked Questions
Q: What is Form I-601?
A: Form I-601 is an application for waiver of certain inadmissibility grounds under Immigration and Nationality Act (INA) section 212. This form is used by individuals who are inadmissible to the United States due to certain criminal or immigration violations.
Q: What are the requirements for filing Form I-601?
A: The requirements for filing Form I-601 vary depending on the type of waiver you are seeking. Generally, you must provide evidence that establishes your eligibility for the waiver, including evidence of extreme hardship to you or to certain qualifying family members if you are denied admission to the U.S. You must also provide evidence that any criminal or immigration violations have been resolved. Additionally, you may be required to pay a fee and submit biometric information.
Q: How much does it cost to file Form I-601?
A: The current fee for Form I-601 is $930. However, the fee may vary depending on the circumstances of your case.
Q: Where can I find more information about Form I-601?
A: You can find more information about filing Form I-601 on the U.S. Citizenship and Immigration Services website. Additionally, you can consult with an attorney or other qualified immigration specialist to learn more about your specific situation and eligibility requirements.
English 
Español de México