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Waivers

I-601 Waivers of Grounds of Inadmissibility

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 theU.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.

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I-612 Waivers of 2-year Foreign Residence Requirement

If an individual is subject to the INA 212(e) but does not wish to comply with the two-year foreign residence requirement, he or she may want to apply for a waiver of the two-year foreign residence requirement. There are five grounds for a waiver:

  • No Objection Statement (NOS)
  • Request by an interested government agency (IGA)
  • Persecution
  • Exceptional hardship to a United States citizen (or legal permanent resident) spouse or child of an exchange visitor
  • Request by a designated State Department of Public Health or its equivalent, CONRAD.

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The immigration attorneys of NPZ Law Group are skilled at helping businesses of all types and sizes meet their workforce needs by hiring skilled foreign workers. To discuss your Waiver needs with an experienced immigration lawyer, please contact our law firm today.

NPZ Law Group: Global Mobility Attorneys
Call Toll Free: 866-599-3625

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