U.S. CITIZENSHIP AND IMMIGRATION SERVICES

Waivers (I-601 and I-212)

Form I-601 - Application For A Waiver Of Ground Of Inadmissibility

Some persons who have been found ineligible for a visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601). Findings of ineligibility are usually made by a Consular Officer during an immigrant visa interview. This application and "evidence of extreme hardship" are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa.

The Consular Officer forwards the form and supporting documentation to the U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction for adjudicating the application. If the application is approved, USCIS sends approval notification to the appropriate Embassy 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.

Evidence Of Extreme Hardship

Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship.

Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:

• 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; whether a condition is chronic or acute, or long-or short-term.
• FINANCIAL CONSIDERATIONS - 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; 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 education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
• PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; 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; access to social institutions or structures.
• Any other situation that the applicant feels may help meet the burden of extreme hardship. The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative - not to the applicant.

Form I-212 - Application For Permission To Reapply For Admission Into The U.S. Afte Deportation Or Removal

Some 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 will also need to file Form I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. This application is filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant may attach evidence in support of the statement.

The Consular Officer forwards the form and supporting documentation to the USCIS office with jurisdiction for adjudicating the application. An I-212 waiver will only be sent to the USCIS Frankfurt Office if there is an accompanying I-601 waiver. If the application is approved, USCIS sends approval notification to the appropriate Embassy 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.

Processing Times

Minimum processing time for waivers is 180 days. If it has been more than 180 days, you may send an email to USCIS.Frankfurt@dhs.gov. We ask that you please refrain from contacting this office for status checks while your application is pending. Your cooperation will help us ensure that we maintain our processing times.