Tuesday, January 19, 2010

USCIS Revises Form I-601, Application for Waiver

USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible. In the previous edition of Form I-601, information about grounds of inadmissibility could only be found of the form's instructions.

The new Form I-601 and its filing instructions, including instructions on where to file and applicable fees, can be found on our website. In accordance with 8 CFR 103.7(c)(5), USCIS may waive the filing fee in an individual case based on the individual’s inability to pay, only if the individual filing the a Form I-601 is:

  • An alien who in valid T or U nonimmigrant status;
  • An approved VAWA self-petitioner; or
  • An alien, seeking adjustment of status, to whom section 212(a)(4) of the Act does not apply, so that the alien is not required to prove that he or she is not likely to become a public charge.

Guidance on how to request a fee waiver can be found on our website atwww.uscis.gov/feewaiver.

USCIS will continue to accept the previous version of the form, dated 10/30/08 Y, through November 20, 2009. Beginning November 21, 2009 USCIS will only accept the revised Form I-601, dated 04/06/09 N, and will reject all requests using previous editions of the form.

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