IMMIGRATION 2013

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Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process

Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at www.regulations.gov.

FILING FEE AND HOW TO FILL OUT THIS FORM

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I-601, Application for Waiver of Grounds of Inadmissibility

Download Form I-601 (308KB PDF)
Download Instructions for Form I-601 (214KB PDF)
Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)
Purpose of Form :
An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility.
All 11 pages must be submitted.

Number of Pages :
Form 11; Instructions 11.
Edition Date :
06/04/12; (06/08/11, 11/23/10 and 01/06/10 edition also accepted).

Note on Expiration: USCIS continues to accept the 06/04/2012 edition of Form I-601 available here (06/08/11, 11/23/10 and 01/06/10 edition also accepted) despite the passing of the form¿s expiration date. An updated form will be posted as soon as it becomes available
Where to File :
The filing location depends on the immigration benefit you are seeking. Click here for a list of filing addresses: Direct Filing Addresses

Filing Fee :
$585
Special Instructions :
Lockbox Filing: If you are filing at a USCIS Lockbox facility, please read these important Lockbox Filing Tips.

E-Notification: If you want to receive an e-mail and/or text message that your Form I-601 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.

Fee Waiver: A fee waiver request will be accepted from a VAWA self-petitioner, an applicant for a T visa or U visa, battered spouse or child of a lawful permanent resident or U.S. citizen, an applicant for Temporary Protected Status, or an alien for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) of the Act is not required a the time of their application for admission or adjustment of status. Please see www.uscis.gov/feewaivers for more information.

Form: http://www.uscis.gov/files/form/i-601.pdf