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I-601, Application for Waiver of Grounds of Inadmissibility

Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.

We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.

On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.

USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.

You must submit all 12 pages.

Forms and Document Downloads

Form Details

Edition Date

01/27/20. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

The filing location depends on the immigration benefit you are seeking. To view a complete list of addresses, go to our Direct Filing Addresses webpage. If you file at a Lockbox, read our filing tips.

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

Complete all sections of the form. We will reject the form if these fields are missing:

  • Part 1 – Information About You
    • Family Name
    • Mailing Address
    • Date of Birth

Don’t forget to sign your form! We will reject any unsigned form.

Filing Fee
$930.

You may pay the fee with a money order, personal check, or cashier’s check.  When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Service centers are not able to process credit card payments.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. 

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-601. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your forms. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

  • Evidence that establishes why you may qualify for a waiver of inadmissibility, which depends on the ground(s) of inadmissibility that apply to you and should include evidence to show why USCIS should grant you a  waiver of inadmissibility as a matter of discretion. 
  • Evidence to support your claim of extreme hardship (if applicable)
    • If applying for a waiver that requires you to a showing of extreme hardship to a spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident, you must submit evidence establishing the family relationship and evidence that shows the denial of admission would result in extreme hardship to your qualifying relative.
  • If you are a VAWA self-petitioner seeking a waiver for immigration fraud or misrepresentation, you may show how the denial of admission would result in extreme hardship to your qualifying relatives or yourself. 
  • Evidence to support a waiver for inadmissibility due to a communicable disease of public health significance (if applicable)
  • Evidence to support your request for a vaccination exemption (if applicable)
  • Evidence to support a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (if applicable).
  • Evidence to support a waiver of criminal grounds of inadmissibility found in INA section 212(a)(2) (if applicable)
  • Evidence to support waiver for immigration fraud or misrepresentation (if applicable)
  • Evidence to support a waiver for inadmissibility because of your membership in a Totalitarian Party (if applicable).
  • Evidence to support a waiver for inadmissibility due to alien smuggling (if applicable).
  • Evidence to support a waiver of inadmissibility due to being the subject of a civil penalty under INA section 212(a)(6)(F) (if applicable).
  • Evidence to support a waiver of the three-or ten-year unlawful presence bar under INA section 212(a)(9)(B)(v) (if applicable)
  • If you are a TPS applicant, evidence that a waiver is warranted. 
  • If you are seeking adjustment of status under NACARA Section 202 or HRIFA Section 902, and inadmissible under INA section 212(a)(9)(A) or (C), evidence that you warrant a waiver of inadmissibility based on factors that would be considered if you were seeking consent to reapply.  
  • If you are an approved VAWA self-petitioner or child of an approved VAWA self-petitioner and inadmissible under INA section 212(a)(9)(C)(i), evidence that shows connection between the battery or extreme cruelty that is the basis for the VAWA claim and the self-petitioner’s removal, departure from the United States, reentry or reentries into the United States, or attempted reentry into the United States.   
  • Evidence to support waiver if you are an applicant for adjustment of status as a Special Immigrant Juvenile (if applicable)
Special Instructions

E-Notification: If you want to receive an e-mail and/or text message that your Form I-601 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

Fee Waiver: We will accept a fee waiver request from:

  • A VAWA self-petitioner;
  • An applicant for a T visa;
  • A battered spouse or child of a lawful permanent resident or U.S. citizen;
  • An applicant for Temporary Protected Status; or
  • An alien for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) of the Act is not required at the time of their application for admission or adjustment of status. 

Please see uscis.gov/feewaiver for more information.

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