Instructions For Form I-601 - Application For Waiver Of Grounds Of Inadmissibility (Page 11 of 21) in pdf

C. Findings regarding the mental or physical disorder, including a detailed prognosis that should specify, based on

a reasonable degree of medical certainty, the possibility that the harmful behavior is likely to recur or that other

harmful behavior associated with the disorder is likely to occur; and

D. A recommendation concerning treatment that is reasonably available in the United States and that is reasonably

expected to significantly reduce the likelihood that the physical or mental disorder will result in harmful behavior

in the future.

The adjudicating agency will refer the medical report to the U.S. Public Health Service for review. The U.S. Public

Health Service may require you to submit additional assurances.

You Are Seeking a Waiver Under INA Section 212(h) or (i) for Certain Criminal Grounds of Inadmissibility Under

INA Section 212(a)(2) or for Immigration Fraud or Misrepresentation Under INA Section 212(a)(6)(c)

1. Criminal Grounds

If you are found inadmissible based on criminal grounds, you may seek a waiver of inadmissibility for the following:

A. A crime involving moral turpitude (CIMT);

NOTE: You are not inadmissible for having committed a CIMT, and do not need to file a waiver: if the crime

was a purely political offense; if the crime was a CIMT but you committed only one CIMT, were under 18 years

of age at the time you committed the crime and were released from any confinement to a prison or correctional

institution imposed for the crime more than 5 years before application; or if the crime was a CIMT, but you

committed only one CIMT, for which the maximum possible sentence is 1 year or less of imprisonment, and the

actual sentence you received was 6 months or less.

B. A controlled substance violation of the laws and regulations of any country or U.S. state related to a single offense

of simple possession of 30 grams or less of marijuana;

C. Two or more convictions, other than purely political ones, for which the sentences to confinement were a total of

five years or more;

D. Prostitution;

E. Unlawful commercialized vice whether or not related to prostitution; and

F. Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.

With the application, you must establish one of the following:

A. You are inadmissible only because of your participation in prostitution, including having procured others for

prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to

the United States will not be contrary to the national welfare, safety, or security;

B. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated,

and your admission to the United States will not be contrary to the national welfare, safety, or security;

C. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa

petitioner would experience extreme hardship if you were denied admission; or

D. You are an approved VAWA self-petitioner.

For information about how you can establish hardship, see the What Evidence Must You Submit section of these

Instructions.

NOTE: If you are convicted of a violent or dangerous crime, the agency adjudicating your application may not

approve the waiver unless there is an extraordinary circumstance, such as one involving national security or foreign

policy considerations, or if denying your admission would cause exceptional and extremely unusual hardship. Even

if that standard is met, the agency adjudicating your application may still deny your request for a waiver as a matter of

discretion. See 8 CFR 212.7(d).

Form I-601 Instructions 08/21/17 N

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Instructions For Form I-601 - Application For Waiver Of Grounds Of Inadmissibility Page 11