I601A Waiver: When can I download the I601A application form?

I601A Application Form Download TimingI601A Application Form Download Information

You can download the final version of the I601A form here. This version is from 2012 and the final version may be different.

Since the final regulations for the new I601A waiver were published, many people have been interested in learning how to download a copy of the final version of the I601A form. Right now the final version of the I601A form is not available to download. We know that the form likely will be available on or before March 4, 2013, but we don’t have a firm estimate of the exact date that it will be made available. When it is available, you’ll be able to download the I601A application form here.

I601A Application Form Fees

What we do know is that the I601A form will be available to download for free. Like all USCIS forms, the government makes the forms available at no cost. If someone tries to sell you a copy of the form, please don’t pay for the form. USCIS will make it available for free.

Although the form itself is free, there will be an application fee that needs to be submitted with it. The total fee will be $670 which includes the filing fee for the I601A form and the biometrics fee. You’ll need to make sure that you include this payment with your application package and should double check to make sure that your check or money order is made out correctly.

Steps You Can Take Before the I601A Form Is Available

If the I601A waiver application is anything like the I601 waiver application, the supporting evidence and hardship letters that you submit with the form will be what decides the outcome of your case. You’ll still need to make sure that the form is filled out correctly and completely, but you won’t win your case based on just the form.

What does this mean for you? You can start preparing your hardship letters and collecting your supporting documents now, even before the I601 form is available to download. The process of preparing the letters and supporting evidence takes most people, including immigration waiver lawyers, a lot of time. If you plan on submitting your waiver package on March 4, 2013, you should be preparing your letters and documents now.

You can learn more about the I601A application form here.

About Kimberley Schaefer

Kimberley Schaefer is an immigration lawyer with offices in Boise, ID and Rexburg, Idaho. She helps future Americans become citizens by assisting them with immigrant visas, fiance visas, adjustment of status and green card applications, applying for immigration waivers, fighting deportation and applying for asylum. To contact her, you can call (208) 918-0852 or send Kimberley an email now.

Comments

  1. Hello, I just have a quick question. My mother currently is at home country and she has NOT been in the US – Do i need to file I601A form? I look forward to your reply and appreciate for your time. Thank you, Yen

    • Kimberley Schaefer says:

      Yen,

      If your mother is not in the United States, she would not be eligible for an I601A waiver. One of the requirements for an I601A waiver is that the applicant be in the United States. In addition, the I601A waiver is only for cases involving unlawful presence in the United States. If your mother has never been in the United States, then she would not need an unlawful presence waiver.

      The National Visa Center recently sent out notices about the I601A waiver to everyone with a pending immigrant visa case. These notices were sent to everyone, even people who do not need an immigration waiver. The National Visa Center notice does not necessarily mean that your mother requires a waiver.

      If you are concerned that your mother may be inadmissible to the United States and may need an I601 waiver after her immigrant visa interview, please feel free to contact me using my contact form. Not all immigrants need an immigration waiver. Only people who are inadmissible to the United States will need a waiver in order to get a visa. There are many reasons a person could be inadmissible, but some of the most common reasons are unlawful presence in the United States, misrepresentations or fraud on immigration applications and criminal convictions.

      Sincerely,
      Kimberley

  2. LostnTime says:

    The whole thing is bogus and designed to extract more money out of hopeless souls..

    Interesting really I have waited 23 years for my green card to be processed as the only son of an American citizen I just got a letter out of the blue right before March 4th staying we have terminated your application please start a new one if you still wish to apply..

    After 23 years they simply terminate a complete application.

    • Kimberley Schaefer says:

      I’m sorry to hear about what happened in your case. It isn’t clear from your comment, but it sounds like your father may have filed an I-130 immigrant visa petition for you and that the petition was approved and at the National Visa Center (NVC). When a case is at the NVC and a priority date becomes current (also referred to as a visa number becoming available), you have to respond to the NVC and take action on your case within a year. If the NVC doesn’t hear from you at least once a year, they will terminate the application.

      In cases where there is a very long wait for a visa number, it is not uncommon for the petitioner (in your case your father) or the beneficiary (you) to move. This means that it is possible that you missed an important letter from the NVC and as a result missed a deadline. It is also possible that there was a mistake made at the NVC.

      If this just happened and you still wish to immigrate to the United States, you should consult with an immigration lawyer immediately to see if they can get your case back on track. Depending on what happened, it may be possible to correct the situation. But, the longer you wait the more difficult it will be to fix.

      If you are in the United States, you may have other options available to you as well through what is known as 245(i). You would need to set up an in-depth consultation with an immigration lawyer to find out if this is an option for you.

  3. evelyn ibarra says:

    I am a us citizen and i have already file the i-130 for my husband and was approved. But that was almost 2 yrs ago.. he never got his green card because they asked us for more evidence which was a copy of his visa which he didnt have because it was stolen from his aunt about 10yrs ago. We have sent the foia 3 times but they dont seem to find anything or that is what they tell us… i wanted to know if we qualify for the I-601A and if he has to pay for the I-130 all over again
    Thank you

    • Kimberley Schaefer says:

      Evelyn,

      In some cases it is possible to use an old approved I-130, but this is not always true. Before you can determine which is the case for your situation, you’ll need to identify where your I-130 is now (USCIS or Department of State/National Visa Center). From there, you should be able to investigate to see if you can still use the old I-130.

      Also keep in mind that you can’t file the I-601A until you have paid the immigrant visa fees at the National Visa Center. You’ll need to make sure that your I-130 is with the right government office and that you’ve met all the requirements for an I-601A, including having paid the immigrant visa fees, before you file your I-601A. If you aren’t sure if you meet all of the requirements, setting up a consultation with an immigration lawyer before you begin your I-601A waiver package could save you a significant amount of time, money and frustration.

      Also keep in mind that if your husband entered the United States using his passport and visa, he could be eligible for adjustment of status and may not need an I-601A waiver. An immigration lawyer should be able to assist you with obtaining the evidence of a lawful entry that is needed to complete the adjustment of status process.

      If the visa he used to enter the United States was not his, then you definitely need to talk to an immigration lawyer before doing anything else so that you can determine whether your husband will need a misrepresentation waiver in order to get a green card.

      Kimberley

  4. I have filed an I-130 and recently it was approved. Now the documents are at the National Visa Center and we are preparing documents to be sent along with the I-601A form. But I am concerned that my husband will have to leave the country and will not be allowed back in. Is this possible? Is it necessary for him to leave the country to obtain his visa at his Country and then have a “legal” entry. Please let me know

    • Kimberley Schaefer says:

      Yes, it is possible that a person with an approved I601A waiver will be denied a visa during the visa interview at the consulate overseas. The I601A waiver only covers the unlawful presence ground of inadmissibility. If your husband does not qualify for an immigrant visa for any other reason or is found to be subject to some other ground of inadmissibility, he could be denied an immigrant visa and may not be able to return to the United States.

      This is the reason why it is very important to make sure that your husband understands all of the requirements for an immigrant visa and all of the grounds of inadmissibility before he departs the United States for his visa interview. An overseas interview is required as part of the I601A/immigrant visa process.

      Some people are eligible to apply for adjustment of status, which is a way to become a permanent resident without having to do an interview overseas. You may also want to confirm whether your husband qualifies for adjustment of status before moving forward with the immigrant visa process.

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