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Immigrant Waivers: Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers

Published: Jun 18, 2009 By: USCIS Source: My Source

The Form I-601, Application for Waiver of Ground of Inadmissibility, is used by applicants for immigrant visas, non-immigrant fiancé visas, V visas, and adjustment of status to request a waiver of the following grounds of inadmissibility in the Immigration and Naturalization Act (INA):

  • Section 212(a)(1)   – health-related grounds;
  • Section 212(a)(2) – criminal and related grounds,
  • Section 212(a)(3)(D) - immigrant membership in a totalitarian party;
  • Section 212(a)(6)(C) – misrepresentation in immigration matters;
  • Section 212(a)(6)(E) - smugglers;
  • Section 212(a)(6)(F) - subject to civil penalty;
  • Section 212(a)(9)(B)   – unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S.

Form I-601 is also used to waive certain grounds of inadmissibility when an applicant is seeking immigration benefits under the Nicaraguan Adjustment and Central American Relief Act (NACARA), the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA), and under the Temporary Protected Status (TPS) or Violence Against Women Act (VAWA) program.  Because officers at international USCIS offices are not likely to encounter these types of waiver applications, this SOP will only briefly address them.

Click here to view the USCIS Procedure Manual for Adjudication of Form I-601 For Overseas Adjudication Officers.

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