Form I-601 is a form for immigrants that are faced with inadmissibility to the United States and want a status adjustment, immigrant visa, certain nonimmigrant statuses, or certain other immigration benefits. You can file this form to apply for a waiver of certain grounds of inadmissibility.
Who may file Form I-601?
Whether you are eligible for a waiver depends on the immigration benefit you are seeking and the reason for your inadmissibility. You can be deemed eligible if you are:
- An applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application to obtain relief from the following grounds:
- Health-related grounds of inadmissibility
- Certain criminal grounds of inadmissibility
- Immigration membership in totalitarian party
- Alien smuggler
- Being subject to civil penalty
- The 3-year or 10-year bar due to previous unlawful presence in the U.S.
- An applicant for Temporary Protected Status (TPS), you may file this application to obtain relief from the following grounds:
- Most grounds of inadmissibility listed in INA section 212(a)
- An applicant for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act (NACARA) 202 or Haitian Refugee Immigration Fairness Act (HRIFA) 902, you may file this application to obtain relief from the following grounds:
- 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
- Unlawfully present after previous immigration violations
- An applicant 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, you may file this application to obtain relief from the following grounds:
- All grounds listed for the adjustment of status applicants
- Unlawfully present after previous immigration violations
- An applicant for adjustment of status based on T nonimmigrant status, you may file this application to obtain relief from the following grounds:
- Most grounds listed in INA section 212(a)
- An applicant for adjustment of status as a Special Immigrant Juvenile (SIJ) based on an approved Form I-360, you may file this application to obtain relief from the following grounds:
- Most grounds listed in INA section 212(a)
How and where can I file Form I-601?
You may fill out the form either electronically by typing or physically by printing the form out and writing legibly with black ink. There are 9 parts that you are required to fill out and an additional section for you to add any additional information. You then must pay the filing fee of $930 with a money order, personal check, or cashier’s check. The filing location depends on the immigration benefit you are seeking.
If you have any further questions about Form I-601, please contact our office today to set up a consultation with one of our attorneys!
Ready to have Berardi on your side?
Whether you’re a business looking to hire or a professional hoping to relocate, immigration law can be complicated. But you don’t have to do it alone. Put our experience to work for you.