Instructions For Form I-601 - Application For Waiver Of Grounds Of Inadmissibility (Page 16 of 21) in pdf

You Are an Applicant for Adjustment of Status Based on T Nonimmigrant Status

If you are an applicant for adjustment of status based on T nonimmigrant status, you may obtain a waiver of almost

any ground of inadmissibility listed in INA section 212(a) that was not previously waived in connection with your T

Nonimmigrant Status.

If you are inadmissible based on health-related grounds (INA section 212(a)(1)) or public-charge grounds (INA section

212(a)(4)), the waiver may be approved if granting the waiver is in the national interest.

If you are inadmissible based on any other grounds, USCIS may grant the waiver if the activities making you inadmissible

were caused by or were incident to your trafficking victimization and granting the waiver is in the national interest.

No waiver of inadmissibility is available to adjustment of status applicants based on T nonimmigrant status for any of the

following grounds of inadmissibility:

1. Security-related ground (INA section 212(a)(3));

2. International child abductors (INA section 212(a)(10)(C)); or

3. Former citizens who renounced citizenship to avoid taxation (INA section 212(a)(10)(E)).

NOTE: You may not need to file Form I-601 if you are inadmissible only because you have been unlawfully present

in the United States and then departed (INA section 212(a)(9)(B)). You may be exempt from the 3-year or 10-year bar

if you can establish that your victimization was at least one central reason for your unlawful presence in the United States.

You should submit evidence with your Form I-485 to demonstrate that the victimization you suffered was a central reason

for your unlawful presence in the United States.

You Are an Applicant for Adjustment of Status as a Special Immigrant Juvenile

If you are applying for adjustment of status based on your approved Form I-360 classifying you as an SIJ, INA section

245(h) contains waiver authority specific to you.

Some grounds of inadmissibility do not apply to you. You do not need to obtain a waiver if you are inadmissible based on:

1. Public charge (INA section 212(a)(4));

2. Labor certification (INA section 212(a)(5)(A));

3. Aliens present without admission or parole (INA section 212(a)(6)(A));

4. Immigration fraud or misrepresentation (INA section 212(a)(6)(C));

5. Stowaways (INA section 212(a)(6)(D));

6. Documentation requirements (INA section 212(a)(7)(A)); and

7. Unlawful presence (INA section 212(a)(9)(B)).

The following grounds of inadmissibility cannot be waived under INA section 245(h):

1. Conviction of certain crimes (INA section 212(a)(2)(A));

2. Multiple criminal convictions (INA section 212(a)(2)(B));

3. Controlled substance traffickers (except for a single instance of simple possession of 30 grams or less of marijuana)

(INA section 212(a)(2)(C));

4. Security and related grounds (INA section 212(a)(3)(A));

5. Terrorist activity (INA section 212(a)(3)(B));

6. Foreign policy related (INA section 212(a)(3)(C)); and

7. Participants in Nazi persecution, genocide, or the commission of any act of torture, or extrajudicial killing (INA

section 212(a)(3)(E)).

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 16