Waivers of Inadmissibility (I-601 and I-212)
Form I-601 Application for a Waiver of Ground of Inadmissibility
Persons who have been found ineligible to receive a visa under the Immigration and Nationality Act (INA) AND seek admission into the United States may be eligible to file Form I-601, Application for Waiver of Ground of Inadmissibility.
Findings of inadmissibility are made by a Consular Officer during an immigrant visa interview, at which time the Consular Officer will inform the visa applicant of his/her eligibility to file Form I-601.
If the application is approved, USCIS will send an approval notice to the applicant and notify the appropriate consulate for issuance of the visa. If the application is denied, the applicant will be notified in writing of the decision and the visa will not be issued. This decision may be appealed. See below website for form, fees and instructions.
Form I-212 and Appeal Form I-290B:
What supporting evidence is needed?
In order to obtain the waiver, in many cases the intending immigrant must establish that his/her inadmissibility will cause a qualifying relative to suffer extreme hardship. A qualifying relative is the waiver applicant’s U.S. citizen or lawful permanent resident spouse, parent, and sometimes child. Please note that extreme hardship must be established for the qualifying relative(s); not the waiver applicant.
All claims of extreme hardship must be supported by evidence. Evidence of extreme hardship, aside from the applicant’s own explanation, may include items such as medical and financial reports, as well as reliable country conditions information. NOTE: Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. These factors and others will be taken into consideration as a whole in determining whether the hardship the qualifying relative will suffer can be considered “extreme.” Factors considered include, but are not limited to:
- HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country; anticipated duration of the treatment; and whether a condition is chronic or acute, long or short-term.
- FINANCIAL ISSUES - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; and cost of care for family members (e.g., elderly and/or infirm parents).
- EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of educational options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for graduation; and availability of special requirements, such as training programs or internships in specific fields.
- PERSONAL TIES - Close relatives in the United States and/or the applicant’s country; separation from spouse/children; ages of involved parties; and length of residence and community ties in the United States.
- SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; and access to social institutions or structures.
USCIS will render a decision on the waiver application after considering all the hardship factors set forth by the applicant; therefore, the applicant should submit the Form I-601 with as much supporting documentation available.
Form I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
Individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order, and who seek readmission, will need to file Form I-212, Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal.
Form I-212 and Appeal Form I-290B:
Filing Instructions:
If you are outside the United States and were found inadmissible at your visa interview with a consular officer, you must file your Form I-601 or Form I-212 with the USCIS Phoenix Lockbox facility at the following address:
For U.S. Postal Service:
USCIS
P.O. Box 21600
Phoenix, AZ 85036
For Express mail or Courier deliveries:
USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034
USCIS no longer accepts Forms I-601 or I-212 at overseas offices or Consulates.