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Filing Certain Waivers of Inadmissibility
[06/21/2013]

If you are abroad, and a U.S. consular officer has determined that you are ineligible for an immigrant visa or nonimmigrant K or V visa because you are inadmissible to the United States, then you may be able to file an application for a waiver of inadmissibility.

If you have been removed from the United States and need permission to reapply, in addition to a waiver of inadmissibility, you may be able to seek permission to reapply for entry into the United States at the same time you request a waiver of your ground(s) of inadmissibility.

This change will affect you if you are abroad and are filing:
Form I-601, Application for Waiver of Grounds of Inadmissibility
Form I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal (if needed, and filed together with Form I-601)

Filing And Adjudicating Process
You have attended your Department of State immigrant or nonimmigrant (K/V) visa interview at the U.S. embassy or consular, and complied with any requests by the consular officer.
The consular officer has determined that you are ineligible for a visa because you are inadmissible to the United States.
The consular officer has informed you that you are eligible to seek a waiver of your ground(s) of inadmissibility.
You file Form I-601 (and Form I-212, if necessary) with USCIS.
USCIS adjudicates your application(s) and informs both you and the consular officer of the decision.
If denied, you may be able to appeal the decision or file a motion to reopen or reconsider the decision (Form I-290B)

Where Do I File?
Please check the filing addresses for Form I-601 Web page or the form instructions for a detailed list of locations where you should mail your forms. Your Form I-601 should be sent to a U.S. address even if you are outside of the United States.

Exceptions
You may be able to file these form(s) with an international USCIS office if you qualify for any of the exceptions outlined on our website.

More Information
Additional information on eligibility and on filing Forms I-601, I-212, or I-290B, Notice of Appeal or Motion, is available in each form’s filing instructions on our website.
If you reside in the United States, you may be eligible to apply for a provisional unlawful presence waiver before you depart for your visa interview abroad.
For more information visit: www.uscis.gov/provisionalwaiver.

Source: AILA
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