How to apply for a Waiver of Inadmissibility in the United States?
If you are deemed inadmissible to the United States during the immigration application process, you may apply for a waiver. Known as Form I-601 (usually for applicants applying from outside the United States) or Form I-601A (only for applicants applying from within the United States), the waiver process is lengthy, complex and uncertain.
General Description
If you are immigrating to America, one of the worst outcomes will be for you to be found “inadmissible to the United States” by the U.S. authorities.
If you committed certain violations, you may be barred from applying for a green card from within the United States or from returning to the United States if you leave. The Immigration and Nationality Act lays out general grounds for inadmissibility, and these can be very broad. They include health, criminal activity, national security, public charge, lack of labor certification (if applicable), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several other categories.
If you are found inadmissible to the United States during your immigration application process, you can request a waiver. Known as Form I-601 (typically for applicants applying from outside the United States) or Form I-601A (only for applicants applying from within the United States) the waiver process is lengthy, complex, and uncertain.
There are no guarantees that your waiver will be approved, but applying for one provides a pathway for your immigration journey to continue.
Beginning June 4, 2012, immigrant visa applicants who will be applying for a waiver of inadmissibility from outside the United States must mail their Forms I-601, Application for Waiver of Grounds of Inadmissibility, to a USCIS secure location (lockbox), rather than to a local USCIS overseas office or U.S. embassy or consulate. The secure location will forward all I-601 applications filed by overseas applicants to the Nebraska Service Center (NSC) for adjudication.
USCIS overseas offices that accept I-601 applications by appointment will not schedule new appointments to file Forms I-601.
Filing Form I-601
If you are outside the United States and a Department of State consular officer has already interviewed you at the embassy or consulate and determined that you are ineligible for an immigrant visa on a ground of inadmissibility, the consulate will send you a refusal notice. The refusal notice indicates the ground of inadmissibility and whether you may be eligible for a waiver. If the notice indicates that you are eligible to apply for a waiver, you may do so by filing a Form I-601 at a secure location.
