Instructions For Form I-601 - Application For Waiver Of Grounds Of Inadmissibility - Department Of Homeland Security - U.s. Citizenship And Immigration Services Page 13

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1. You are an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily, not under
an order of removal, and who is otherwise admissible to the United States as a returning resident under INA section
211(b); or
2. You are seeking admission or adjustment of status as an immediate relative under INA section 201(b)(2)(A), as an
immigrant under INA section 203(a) (preference allocation for family-sponsored immigrants), or as the fiancé(e) (or
his or her children) of a U.S. citizen.
You Are Seeking a Waiver of Inadmissibility Under INA Section 212(a)(9)(B)(v) of the 3-Year or 10-Year Unlawful
Presence
If you are inadmissible because you were previously unlawfully present in the United States either for longer than 180
days, but less than 1 year (resulting in a 3-year bar), or 1 year or more (resulting in a 10-year bar), you may seek a waiver
by filing this application.
With the application, you must establish that your qualifying U.S. citizen or lawful permanent resident relative (spouse or
parent) or K visa petitioner would experience extreme hardship if you were denied admission.
For VAWA self-petitioners, see special instructions below.
For information about how you can establish extreme hardship, see the What Evidence Must You Submit section of
these Instructions.
NOTE: Applicants for adjustment based on T nonimmigrant status (victims of a severe form of trafficking) seeking
exemption from only INA section 212(a)(9)(B) DO NOT need to file this Form I-601.
You Are a TPS Applicant Seeking a Waiver of Grounds of Inadmissibility Under INA Section 244(c)(2)(A)(ii)
If you are a Temporary Protected Status (TPS) applicant applying for a waiver of any relevant ground of inadmissibility
listed in INA section 212, you must establish that the approval of your waiver is warranted for humanitarian purposes, to
assure family unity or is otherwise in the public interest. In Part 4., Item Number 39., you must provide all information
that supports your request for a waiver for one or more of the above reasons.
You do not need to file this application if you are a TPS applicant and you are inadmissible for any of the following
reasons:
1. Public charge (INA section 212(a)(4));
2. Labor Certifications and qualifications for certain immigrants (INA section 212(a)(5));
3. Aliens present without admission or parole (INA section 212(a)(6)(A));
4. Stowaways (INA section 212(a)(6)(D));
5. Student visa violators (INA section 212(a)(6)(G));
6. Documentation requirements for immigrants and nonimmigrants (INA section 212(a)(7));
7. Certain aliens previously removed (INA section 212(a)(9)(A));
8. Aliens unlawfully present (INA section 212(a)(9)(B)); or
9. Aliens unlawfully present after previous immigration violations (INA section 212(a)(9)(C)).
No waiver is available to TPS applicants for the following grounds of inadmissibility:
1. Crime involving moral turpitude (CIMT under INA section 212(a)(2)(A)(i)(I));
If your offense falls under a statutory exception, you are not inadmissible for having committed a CIMT. Since you
are not inadmissible in these instances, you also do not need to apply for a waiver on this application. The exceptions
are:
Form I-601 Instructions 08/21/17 N
Page 13 of 21

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