Once an applicant for an immigrant visa has been found inadmissible, he or she may be allowed to file a 601 waiver or a 212 waiver. Where the inadmissibility waiver will be filed and, more importantly, where the inadmissibility waiver will be decided depends on multiple factors.
If the intending immigrant is filing for adjustment of status in the United States (form I-485), and knows up front that they will be found inadmissible but eligible for a 601 waiver, the waiver can be filed along with the initial visa petition. However, the 601 waiver can also be filed during the visa interview at the local USCIS office or after the interview pursuant to the instructions given by the officer. The waiver will likely be adjudicated (decided) by the interviewing officer and/or the officer’s supervisor.
If the intending immigrant is applying for a visa abroad at a US Embassy or US Consulate and is found to be inadmissible but eligible for a 601 waiver, the consular officer will give instructions as to the procedure for filing the 601 waiver. Typically, the I-601 waiver is filed at the same location, but at a later date, either by appointment or by mail. Once the waiver has been submitted to a consular officer, it will be forwarded to the USCIS office having jurisdiction over waivers for that country.
If the intending immigrant is filing for adjustment of status in the United States (form I-485), and knows up front that they will be found inadmissible but eligible for a 212 waiver, the waiver can be filed along with the initial visa petition. However, the 212 waiver can also be filed during the visa interview at the local USCIS office or after the interview pursuant to the instructions given by the officer. The waiver will likely be adjudicated (decided) by the interviewing officer and/or the officer’s supervisor.
If the intending immigrant is applying for a visa abroad at a US Embassy or US Consulate and is found to be inadmissible but eligible for a 212 waiver, the filing location will depend on the type of visa sought and whether or not an I-601 waiver will also have to be filed. If an I-601 waiver is needed in addition to the I-212 waiver, both will be filed at the consulate abroad. The consular officer will give instructions as to the procedure for filing the waiver. Typically, the waivers are filed at a later date, either by appointment or by mail. Once the waivers have been submitted to a consular officer, they will be forwarded to the USCIS office having jurisdiction over waivers for that country.
If an I-601 waiver is not needed, the stand-alone 212 waiver will typically need to be mailed to the local USCIS office in the United States having jurisdiction over where the immigrant’s deportation proceedings were held. However, if the applicant is seeking a K-1 visa, he or she will be allowed to file the stand-alone I-212 waiver abroad, where it will be adjudicated by the USCIS office having jurisdiction over that US Embassy or Consulate.
