DHS/U.S. Citizenship and Immigration Services (USCIS)
Waivers (Forms 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 file Form I-601 Application for Waiver of Ground of Inadmissibility.
NOTE: Findings of ineligibility are usually made by a Consular Officer during an immigrant visa interview. The Form I-601 with supporting documentation and appropriate fee are filed with the Consular Office where the individual applied for the visa.
The Consular Office will forward the Form I-601 and supporting documentation to the USCIS office with jurisdiction over the waiver application. If the application is approved, USCIS will send an approval notice to the 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. However, you may appeal this decision; see below website for form, fees and instructions.
Form I-601 and Appeals Form:
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 that extreme hardship must be established for the qualifying relative(s), not to 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 classified as “extreme.” Factors considered include:
- 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 (i.e., elderly and 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 grade; 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 seek readmission will need to file Form I-212 Application for Permission to Reapply for Admission into the U.S.After Deportation or Removal. The applicant should file the Form I-212 with appropriate fee at the Consular Office where the individual is applying for the visa. It is highly recommended that the applicant attach a statement with supporting evidence, giving the facts that he/she believes USCIS should consider in making a decision on their application.
The Consular Office will forward the form and supporting documentation to the USCIS office with jurisdiction for adjudicating the application. Please note, Form I-212 will only be sent to USCIS Moscow if the individual has also filed a Form I-601. If the application is approved, USCIS sends approval notification to 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. You may appeal this decision; see below website for form, fees, and instructions.
Form I-212 and Appeals Form:
NOTE: USCIS Moscow Field Office does not accept payments of fees. The fee must be fully paid by credit card or in cash (U.S. Dollars or Russian Rubles) to the consular cashier at the time of filing. The consular fee receipt must then be submitted to USCIS Moscow Field Office along with forms. Please allow up to six months after properly filing a Form I-601 (and I-212) for processing. If no decision has been received after six months, email our office at moscow.dhs@dhs.gov.
