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.
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. We continue 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, we 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 we adjudicate 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 we require 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.
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.
Form Details
Dates are listed in mm/dd/yy format.
If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.
If you need help downloading and printing forms, read our instructions.
The filing location depends on the immigration benefit you are seeking. To view a complete list of addresses, go to our Direct Filing Addresses page.
Through Sept. 30, 2023, there is no fee to file Form I-485, Application to Register Permanent Residence or Adjust Status, on the basis of classification as an Afghan special immigrant, or for any associated biometric services or to file an associated Form I-601.
Through Sept. 30, 2023, there is no fee to file Form I-601 individually with an approved Form I-130, Petition for Alien Relative, filed with USCIS in the United States for an Afghan national (beneficiary) who has a visa immediately available.
You may pay the fee with a money order, personal check, cashier’s check or 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.
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. Use our Fee Calculator to help determine your fee.
Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. Because of this, you must pay each filing fee separately for any form you submit. We may reject your entire package if you submit a single, combined payment for multiple forms.
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 we 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 3-or 10-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.
- 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 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 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 re-entries into the United States, or attempted reentry into the United States 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 to support waiver if you are an applicant for adjustment of status as a Special Immigrant Juvenile (if applicable).
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
Filing Tips: Go to our Tips for Filing Forms by Mail page for information on how to help ensure we will accept your application.
Don’t forget to sign your form. We will reject any unsigned form.
E-Notification: If you want to receive an e-mail or text message or both that your Form I-601 has been accepted at a USCIS lockbox, 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;
- A Special Immigrant Juvenile; or
- Any other noncitizen for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) is not required at the time of their application for admission or adjustment of status.
Please see our Fee Waiver page for more information.