USCIS Now Allows Filing of I-601 Waivers in the US

On June 4, 2012, USCIS officially began to accept I-601 applications for applicants who previously had to file the I-601 abroad. The I-601 can now be submitted to a “lockbox” and the addresses are all posted on the USCIS website. An I-601 application refers to the waiver process required for those who have triggered an issue of admission and must show extreme hardship to a qualifying relative – a US citizen or legal permanent resident spouse or parent.

The process has been centralized due to varied delays across all USCIS offices abroad that were solely responsible for I-601 waiver adjudications for all applicants processing their immigration visa at a US Embassy. Adjudication standards also varied.

Centralization in the United States has several advantages:

1. Consistency of adjudication standards, with one office managing the applications versus multiple offices

2. Timing – USCIS stated in a stakeholder meeting on May 23, 2012 that they anticipated adjudications to be completed in 3 months. This would be a significant improvement for some individuals who are processing their immigrant visas in Mexico or South America, where the processing times can easily be up to 1 year.

3. Transparency – USCIS will issue receipt notices with a receipt number so you can track the application through the agency’s Case Status system. Processing times will also be published each month. You will also be able to communicate with the agency via the National Customer Service Center, updating them with address changes, attorney changes, etc.

Please note that only in Juarez Mexico will I-601 applications continue to be accepted for another 6 months. In the rest of the world, the I-601 applications will only be accepted for another 30 days and then ongoing, all I-601 applications MUST be submitted to the US Lockbox for adjudication.

For advice on whether to file your waiver with the Lockbox, you should seek the advice of a Colorado immigration lawyer. Call 303-322-2117 to schedule an appointment.

29 Comments

RAVINDER SINGH

I AM IN INDIA AND I AM PREPARING MY I601 .MY SPOUSE AND TWO US BORN KIDS, ALL R US CITIZEN. WOULD U SUGGEST ME WHERE I SHOULD APPLY FOR I601, IN USA OR IN INDIA.PLZ GUIDE ME A.S.A.P. THANKS

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Zara

Hi Admin , can u plz answer the above question because my case is same … Thanks

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zara

hi , i just want to know that waiver is just for people in US ??? well my husband doesnt live in US but has to submit his I-601 … where and how will he submit as the Consulate doesnt accept i-601 applications. I am from Pakistan.. kindly advise me thanku.

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admin

The provisional regulation only benefits those who are standing in the US. Your husband can take advantage of the separate and distinct change in I-601 adjudications – the filing of the I601 stateside. See my blog about filing I601 waivers NOW in the US from abroad under this process – which began June 4, 2012.

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Sulaiman efendi

Hi,.I’m married with US citizen for 5 years n have child she’s 5 years old,I never done with my pepper work cause my visa C1-D I have to go back home so like this case I’m ok to filling I-601 ?

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Anddi

Hi , i got my i130 approve on dec last year , and i cant aplly green card because i have final deportation from my denied asylum..
I’m under supervision status right now. My wife and my son are US citizen, no criminal history. I enter US with B1 visa.
My question: – can i filed i601 in the US?
– do i elligible for provisional waiver?
Thank you so much and God bless

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admin

Your facts are complex and you should seek the assistance of a Boulder immigration attorney to assist you with this question about waivers and deferred action

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Antonio

I’m mexican and I’m married to a US citizen. We live in th US. My wife is going to file the petition I-130, my question is: would I be able to fill the I-
601 In the US? and if yes, tha’ll mean that I would not have to leave the country ?

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Marta M

HI
my husband came to USA illegal.He is here over 10 yrs I am usa citizen we have 2 kids they were born here so can he apply for 601.Please advise me. Thank you

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admin

He hopefully will be eligible for the Provisional waiver where it allows him to file the waiver BEFORE he leaves to get his immigrant visa. If you want further advice on eligibility you will have to make an appointment so I can advise you accordingly.

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cecilia cardenas

yo tengo el castigo por 10 anos es verdad ya puedo pedir un perdon cracias

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rafael

hello i am a usc im filling the i601 waiver for my wife she is in mexico her appt is in july 24th in juarez we have 3 children she entered the usa when she was 6 years old do you think is better to keep the appt in juarez or change in to the us pls reply

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admin

Rafael – I cannot give legal advice in this format. If you would like to call me to schedule a consultation, then I can give you legal advice as to which option to go with given the facts of your wife and family.

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melisa

i was told to file a waiver, can my fiancee file it for me ? thats the suggestion i got from the consulade.thank you

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Elffy

Im in usa and my husband is waiting for waiver i pakistan,can we move to any other country to wait for the waiver? Please respond me.thank you.

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mariana

Hello. Well I read about the waiver on your page. I am very confused because it says that USCIS is now accepting the filing of the waiver from the USA without leaving the county? And my lawyer says NO? Can you please advice me on that. Thnx

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admin

Mariana – only people who filed for adjustment of status in the US AND NOW those abroad at a US Embassy who have completed an immigrant visa interview can file an I601 in the US. The provisional waiver where you can file a waiver BEFORE leaving for a visa interview abroad is NOT available yet – its in process and not yet final.

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marco

My wife was deported for trying to enter the us on 2006 or 2007 and I am a us citizen. I am filling a petition for her, does she needs a waiver? Or how do I find out if she needs one? Thanks

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admin

Yes she needs an I-212 waiver but you should speak to an immigration lawyer to see if she eligible to be admitted even with the waiver.

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Norma Martinez

My husbands I-601 and I-212 was filed on 12/2012 in the US. How much more do I have to wait to get an answer?

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admin

The processing times are reported at http://www.uscis.gov. Go to Left hand side and look up “processing times.” I-601s are filed at the Nebraska Service Center. You can also track your specific case with the receipt number from the receipt notice. Again on USCIS website on left hand side can type in the receipt number.

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Jose

I have been approved with DACA. Married and now they tell me I have to file a601 to avoid the 10 year deportation even though I have been approved under DACA

This is confusing…

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admin

If you want to obtain a green card and entered the US illegally you are forced to exit the US to your home country to obtain a visa. Once you exit you can trigger the 10 year penalty bar for being in the US illegally. IF you obtained DACA and travel on advance parole it is possible you may not be considered “exiting” and therefore triggering this bar. I recommend speaking to an immigration attorney before you proceed with international travel in DACA status or obtaining a green card – this area of law is constantly changing

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JEANNATTE ATAYDE

I FILE A SECOND I-601 WAIVER IN MARCH 2013 FOR MY HUSBAND THAT BEEN IN MEXICO SINCE NOV, 2011 HIS I-130 HAS BEEN APPROVED BUT OUR FIRST WAVIER WAS DENIED NOT ENOUGH HARDSHIP I DO HAVE DIABETES ON INSULIN AND ORAL MEDS AND DEPRESSION MEDS A LOT OF STRESS JUST RECENTLY I HAVE A BLOOD CLOT ON MY RIGHT LEG NOW I BE ON BLOOD THINNERS FOR SIX MONTHS OR MORE ONLINE WITH USCIS FOR THE LAST THREE MONTHS SHOW UNDER INTIAL REVIEW HOW LONG DOES IT TAKE TO REVIEW.

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