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Fraud Waiver and Criminal Waiver

An individual who is ineligible to be admitted to the U.S. as an immigrant or to adjust status in the U.S and certain nonimmigrant applicants who are inadmissible must file a Form I-601––Application for Waiver of Grounds of Inadmissibility––to seek a waiver of certain grounds of inadmissibility.

WHO IS ELIGIBLE FOR THE FRAUD AND CRIMINAL WAIVERS?

  • An immigrant visa applicant who is outside the U.S. and who had a visa interview with a consular officer and was found inadmissible;
  • Any applicant for adjustment of status;
  • K-1 or K-2 nonimmigrant visa applicant who is outside the U.S. and who had a visa interview with a consular officer and was found inadmissible;
  • K-3, K-4, or V nonimmigrant visa applicant who is outside the U.S. and who had a visa interview with a consular officer and was found inadmissible;
  • Temporary Protected (TPS) applicant;
  • Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant;
  • Haitian Refugee Immigrant Fairness Act (HRIFA) applicant;
  • Violence Against Women Act (VAWA) self-petitioner applying for adjustment of status or an immigrant visa;
  • T nonimmigrant applying for adjustment of status who is inadmissible based on a ground that has not already been waived in connection with the T nonimmigrant status.

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