If you want to obtain permanent residence or Green Card through a relative with US citizenship, you can do so by processing the Form I-601. One of its other uses, a very common case of petitions, is requests for exemptions motivated by various grounds of inadmissibility.
In this section, we will provide relevant information on this topic. Everything that may interest you, you will find it here. Let us begin!
What is it?
The Form I-601 or also called the Pardon I-601 or Waiver, is a legal procedure that allows undocumented foreigners who have an immediate relative with permanent residence or US citizenship, to carry out the process to obtain their Green Card.
The USCIS, Acronym for Citizenship and Immigration Service in Spanish, for the procedure and subsequent approval of the permanent residence card, consider in advance the admissibility of the applicant.
If this turns out to be inadmissible, that is when you should proceed to carry out this immigration process.
According to USCIS statistics, the odds of being rejected for the I-601 Immigration Waiver are quite high.
Therefore, it is advisable to have the advice of an expert lawyer on the subject to achieve a good result.
This procedure has a cost of $ 930. The payment method can be a personal or cashier’s check, or a money order. If payment is made by check, it must be made payable to US Department of Homeland Security.
On the other hand, you can cancel with a credit card but to achieve this you must use the Form G-1450 (Credit Card Transaction Authorization), which can be obtained from the official USCIS website.
It is important to note that service centers cannot process payment with credit cards and chen sending payments of this type, it is tacitly agreed to pay a government service.
The biometric services and presentation fees are conclusive and non-refundable, regardless of any action taken after the process (request, request or withdrawal).
Form I-601 format
The Form I-601 it is in PDF format if it is processed digitally and is therefore sent online. On the other hand, the physical format, like any return, is sent by postal mail.
Completion of Form I-601
The Form I-601 It must be submitted duly completed with the requested data and requirements.
Regardless of its format, it must contain black print-style letters and all fields must be filled out and must contain the applicant’s signature to be valid.
Utility of Form I-601
This documentation has several utilities. Among many, it is used to request exemptions motivated by various grounds of inadmissibility.
The applicant must present evidence supporting their application and why it qualifies for a waiver of inadmissibility.
It also works for inadmissible persons. Specifically, it allows them to process your immigrant visa to the United States, your adjustment of status, other non-immigrant adjustments and some other immigration benefits.
Before leaving the United States, the immigrant can resort to Form I-601 to apply for a provisional waiver or unlawful presence permit.
It is well known that in order to apply for an immigrant visa, those interested must present themselves at a Embassy or Consulate of the country of origin to meet the interview requirements.
Together, a letter is requested to ask forgiveness from United States immigration. In this, the reasons for which forgiveness is requested are written. That is to say, it is exposed in a credible and substantial way, why there would be a serious collateral damage to the family member who remains in the United States if the applicant is expelled, reported or denied the Immigration Waiver.
Where to present it?
There are many presentation options. These are detailed below:
For those who are outside the United States and are requesting a waiver of ground of inadmissibility, they must send the Form I-601 to a safe location of USCIS (Lockbox Facility) instead of to a U.S. Embassy or Consulate or, to an Office abroad belonging to USCIS.
The Lockbox location has government permission to send all such applications submitted by applicants abroad, to the Nebraska Service Center (NSC).
Likewise, the offices of USCIS Abroad, who generally accepted requests for this form by appointment, will now not schedule new appointments.
Don’t worry! The following will help you to be aware of the options that you have at your disposal with these new changes.
When filing a Form I-601 at a Lockbox Location:
As mentioned above, those interested in obtaining a waiver of grounds of inadmissibility, must present the form in a locality USCIS Lockbox.
When the applicant who is outside the United States has already had an interview with an official of the Department of State at the Consulate or Embassy and, for the same, it was determined that he is ineligible for an immigrant visa, this same entity will send him an denial notice.
In this notice, you are also told if it is eligible for an exemption and that is when you must proceed with the submission of the form.
When you have mailed a Form I-601 to a USCIS office abroad
Applications received by mail in a USCIS Field Office abroad from 06/04/12 to 07/03/12, they will be accepted and processed in foreign offices.
On the other hand, applications received by mail in the offices abroad from and after 06/04/12, they will be returned with instructions on how to present by mail at the Lockbox location.
A period of time of a year or more has passed since a consular officer found you inadmissible
In this case, you should contact the US Embassy or Consulate to verify that your visa application is still active in processing before submitting the Form I-601 in the Lockbox location.
If your application is active and your form was approved, you may need to update certain documents related to the process, if they expire.
These are used when filing Forms I-601 at a Lockbox location:
- USCIS offices located abroad will receive applications filed directly at one of those offices in specific and exclusive cases where there are weighty and / or exceptional situations involved.
- Applicants from Cuba must continue to present their forms in the Havana Local Office motivated to restrictions with the federal mail.
In the following English PDF file you will find more exceptions in domestic filing (PDF, 78.82 KB).
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