Application for Waiver of Ground of Excludability
[I-601, Application for Waiver of Grounds of Inadmissibility]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
For an alien who is ineligible to enter the United States to apply for a waiver of excludability.
Number of Pages :
7
Edition Date :
10/26/05. Prior versions acceptable.
Where to File :
If you are not in the United States, file this application with the American embassy or consulate where you are filing for a visa.
If you are in the United States and are applying for status as a permanent resident, file with the local office having jurisdiction over your place of residence.
Filing Fee :
$265.00
Special Instructions :
Note on Filing Fee :
If the application is filed for an alien who has tuberculosis, is mentally retarded, or has a history of mental illness, there is no fee required.
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0029; Expires 01/31/07
I-601, Application for Waiver of Grounds of Inadmissibility
Instructions
NOTE: Please read instructions carefully. Fee will not be refunded. Type or print legibly in black ink.
1. Filing the Application.
The application and supporting documents should be taken or mailed to:
- The American Embassy or Consulate where the applicant is applying for a visa, if the applicant is not in the United States; or
- The office of the U.S. Citizenship and Immigration Services (USCIS) having jurisdiction over the applicant’s place of residence, if the applicant is in the United States and applying for status as a permanent resident.
2. What is the Fee?
No fee is required if this application is filed for an alien who:
- Is afflicted with tuberculosis;
- Is mentally retarded; or
- Has a history of mental illness.
All other applications must be accompanied by a fee of $265.00. The fee cannot be refunded, regardless of the action taken on the application. Do not mail cash.
NOTE: Only a single application and fee is required when an alien is applying simultaneously for a waiver both sections 212 (h) and (i) of the Immigration and Nationality Act.
Payment must be made by a check or money order:
- Drawn on a bank or other institution located in the United States;
- Payable in U.S. currency; and
- Payable in the exact amount.
If the check is drawn on an account of a person other than the applicant, the name of the applicant must be entered on the face of the check.
Personal checks are accepted subject to collectibility. An uncollectible check will void the application and any documents issued pursuant to the application. A charge of $30.00 will be imposed if the check is not honored by the bank on which it is drawn.
Unless the applicant resides in the U.S. Virgin Islands or Guam, the check or money order must be made payable to the Department of Homeland Security.
- If the applicant resides in Guam, make the check or money order payable to the “Treasurer, Guam.”
- If the applicant resides in the U.S. Virgin Islands, make the check or money order payable to the “Commissioner of Finance of the Virgin Islands.”
How to Check If the Fee Is Correct.
The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below:
- Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or
- Review the Fee Schedule included in your form package, if you called us to request the form, or
- Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
3. Applicants With Tuberculosis.
An applicant with active tuberculosis or suspected tuberculosis must complete Statement A on Page 2 of this form. The applicant and his or her sponsor is also responsible for having:
- Statement B completed by the physician or health facility which has agreed to provide treatment or observation, and
- Statement D, if required, completed by the appropriate local or state health officer.
This form should then be returned to the applicant for presentation to the consular office or appropriate USCIS office.
Submission of the application without the required fully executed statements will result in the return of the application to the applicant without further action.
4. Applicants With Mental Conditions.
An alien who is mentally retarded or who has a history of mental illness shall attach a statement that arrangements have been made for the submission of a medical report, as follows, to the office where this form is filed:
The medical report shall contain:
- A complete medical history of the alien, including details of any hospitalization or institutional care or treatment for any physical or mental condition;
- Findings as to the current physical condition of the alien, including reports of chest X-rays and a serologic test if the alien is 15 years of age or older, and other pertinent diagnostic tests; and
- Findings as to the current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in the case of mental retardation, also provide an evaluation of intelligence.
For an alien with a past history of mental illness, the medical report shall also contain available information on which the U.S. Public Health Service can base a finding as to whether the alien has been free of such mental illness for a period of time, sufficient in the light of such history, to demonstrate recovery.
The medical report will be referred to the U.S. Public Health Service for review and, if found acceptable, the alien will be required to submit such additional assurances as the U.S. Public Health Service may deem necessary in his or her particular case.
5. USCIS Forms and Information.
To order USCIS forms, telephone our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations and procedures, by calling our National Customer Service Center at 1-800-375-5283 or visiting our website at www. uscis.gov.
6. Use InfoPass to Make an Appointment.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.
7. Public Reporting Burden.
A person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., Washington, D. C. 20529; OMB No. 1615-0029. Do not mail your completed application to this address.