Form I-601, Application for Waiver of Inadmissibility for Communist or Totalitarian Party Membership or Affiliation

1. Overview

This article discusses filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, for a person who is inadmissible to the United States on the ground that they have been a member of or affiliated with a communist or totalitarian party or a related organization.

The Immigration and Nationality Act (INA) sets out various grounds of “inadmissibility.”[1] If a person is “inadmissible,” they cannot be issued a U.S. visa, be admitted to the United States, or be granted adjustment of status. The ground of inadmissibility for membership in or affiliation with a communist or totalitarian party or a related organization is found at INA § 212(a)(3)(D)(i).[2]

The INA also provides for certain “waivers” of inadmissibility. A waiver is a legal mechanism that allows the U.S. immigration authorities to set aside or forgive a ground of inadmissibility so that a person who would otherwise be barred from being issued a visa, being admitted to the United States, or being granted adjustment of status may do so.[3]

The waiver of inadmissibility on the ground of membership in or affiliation with a communist or totalitarian party or related organization is found at INA § 212(a)(3)(D)(iv). It reads as follows:

Exception for close family members.–The Attorney General[4] may, in the Attorney General’s discretion, waive the application of clause (i) [the ground of inadmissibility] in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.[5]

The threshold requirements for the waiver are:

  1. The applicant has a qualifying relative, namely, a U.S. citizen parent, spouse, son or daughter, or sibling, or a permanent resident spouse, son, or daughter.
  2. The waiver is “for humanitarian purposes, to assure family unity, or … otherwise in the public interest”
  3. The applicant is not a threat to the security of the United States.

If the threshold requirements are met, the waiver will only be approved if the applicant merits a favorable finding of discretion. That is because the statute provides that the government “may” (but is not required to) approve the waiver of an applicant who meets the threshold requirements.

According to case law, the waiver requirements should be applied “in a benign manner,”[6] not “narrow[ly].”[7]

This Form I-601 is filed with U.S. Citizenship and Immigration Services (USCIS) or the Immigration Court, if the applicant is in removal proceedings.[8]

2. Qualifying Relative

A waiver applicant must have a qualifying relative, which the statute specifies is a

  • U.S. citizen parent,[9]
  • U.S. citizen or permanent resident spouse,[10]
  • U.S. citizen or permanent resident son or daughter,[11] or
  • U.S. citizen sibling.[12]

3. Humanitarian Purposes/Family Unity/Public Interest

The humanitarian purposes/family unity/public interest requirement is not unique to waivers under INA § 212(a)(3)(D)(iv). It is used for waivers of inadmissibility in various other contexts, including

  • § 207(c)(3) (applicants for refugee status)
  • § 209(c) (refugees applying for adjustment of status)
  • § 212(d)(11) (inadmissibility for smuggling family members into the country)
  • § 244(c)(2)(A) (applications for Temporary Protected Status)
  • § 245(h) (adjustment of status of special immigrant juveniles)
  • § 245A(d)(2)(B)(i) (adjustment of status of certain entrants before Jan. 1, 1982).

Unlike many types of waivers, this standard does not require a showing of “extreme hardship” to a qualifying relative.[13] This is a more lenient standard.

3A. Humanitarian Purposes

There is no definition of “humanitarian purposes” in the INA or attendant regulations. But USCIS has a webpage describing its “humanitarian programs.”[14] A person who meets the requirements for eligibility in one of those programs, or whose situation is analogous, arguably meets the “humanitarian purposes” requirement for a waiver:

  • Victims of crime and abuse:
    • Abused spouses, children, and parents: Noncitizens who have been abused by certain U.S. citizens or lawful permanent resident relatives may be eligible for immigration benefits under the Violence Against Women Act (VAWA) without the abuser’s knowledge, consent, or participation. Certain benefits may also be available to eligible family members.
    • Victims of other crimes: U nonimmigrant status is available to noncitizens who are victims of certain crimes, have suffered mental or physical abuse, are helpful in the investigation or prosecution of the criminal activity, and meet other requirements. Certain benefits may also be available to eligible family members.
    • Forced marriage: Certain victims of forced marriage, where one or both parties did not or could not consent due to force, fraud, or coercion, may be eligible for immigration relief or safeguards.
    • Victims of human trafficking: T nonimmigrant status is available to noncitizens who are victims of a severe form of trafficking, are physically present in the United States, have provided assistance to law enforcement or qualify for an exemption or exception, and meet other requirements. Certain benefits may also be available to eligible family members.
    • Special immigrant juveniles: SIJ classification provides humanitarian protection to noncitizen children in the United States who need the protection of a state juvenile court due to abuse, neglect, abandonment, or a similar basis under state law.
    • Female genital mutilation or cutting: Certain victims of FGM/C, the partial or total removal of the external female genitalia or other injury to genital organs for nonmedical reasons, may be eligible for immigration relief.

  • International protection:
    • Refugees and asylees: Noncitizens seeking protection from past or future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
    • Temporary protected status: For noncitizens who are unable to return safely to a country: The Secretary may designate a country for TPS due to the following temporary conditions in the country experiencing ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane), or an epidemic, or other extraordinary conditions.
    • Deferred enforced departure: The Biden administration announced that certain individuals physically present in the United States will not be deported to Hong Kong, Lebanon, or Liberia.
  • Humanitarian Parole: to receive medical treatment in the U.S.; to serve as an organ donor; due to age, disability or other vulnerability outside the U.S.; to care for a seriously or terminally ill relative in the U.S.; or to provide protection from targeted or individualized harm.[15]
  • Certain Afghans paroled into the United States when under age 14
  • Deferred Action for Childhood Arrivals: Certain individuals who came to the U.S. before age 16 and have resided in the U.S. since 2012.

3B. To Assure Family Unity

Family unity is a bedrock objective of the U.S. immigration system. The Immigration and

Nationality Act of 1965,[16] a foundation of modern U.S. immigration law, enshrined as a core principle the importance of promoting the ability of U.S. citizens to unify with their relatives.

The Immigration and Nationality Act is “based upon a desire for pursuing the time-honored American tradition of encouraging family unity.”[17]

Why is family unity so important?

The reunification of families serves the national interest not only through the humaneness of the policy itself, but also through the promotion of the public order and well being of the nation. Psychologically and socially, the reunion of family members with their close relatives promotes the health and welfare of the United States.[18]

Courts have long recognized preservation of family unity to be a “prevailing purpose” of U.S. immigration law.[19]

Outside the immigration context, too, the U.S. Supreme Court has recognized the importance of family unity in Moore v. City of East Cleveland,[20] a plurality opinion striking down a zoning ordinance that defined family via a limited categories of related individuals. In Moore, the Court extended the substantive due process right to live together as a family not only to the nuclear family, but also to the extended family. Id. at 506. The Court noted that the Constitution protects the institution of the family because it is deeply rooted in American history and tradition and because “It is through the family that we inculcate and pass down many of our most cherished values, moral and cultural.”[21]

There are multiple arguments that can be made that a waiver is required “to assure family unity,” namely, that if the waiver is denied: (1) the qualifying relative and applicant are separated, there would be hardship to both; and (2) the qualifying relative would relocate abroad with the applicant, causing hardship to both, including: (a) the qualifying relative would be separated from their family in the United States; and (b) the applicant and qualifying relative may be subject to forces abroad that may lead to separation. Just for example, financial issues are a key cause for divorce.[22] Financial issues may be exacerbated if the couple must relocate abroad.

3C. Otherwise in the Public Interest

There are very few authorities interpreting the meaning of “in the public interest” as it appears in the clause that the ground of inadmissibility may be waived “for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest” in INA § 212(a)(3)(D)(iv).

A key term in the phase is “or … otherwise.” According to the Cambridge Dictionary, the term “or otherwise” means “differently, or in another way.” For example, “Protestors were executed, jailed, or otherwise persecuted.”[23] Here, execution and jailing are examples of types of persecution. Similarly, in § 212(a)(3)(D)(iv), “humanitarian purposes” and “assur[ing] family unity” are examples of situations that are “in the public interest.”

The only published case which tries to define the statutory term “in the public interest” as it appears in § 212(a)(3)(D)(iv) is Matter of P-, 19 I. & N. Dec. 823, 828 (Comm’r 1988), and that case looks just to the dictionary definition of the term:

The term “public interest” has been generally defined to mean “something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected.” Black’s Law Dictionary 1106 (5th ed. 1979). However, there is no hard and fast rule for determining what is in the “public interest.” But for the purpose of deciding the application for a waiver, we adopt the foregoing definition.

In that case, the applicant was the director of a company in which he invested over $400,000 and that that employed 40 people. He had a history of similar work. And he was also in the process of negotiations to form a company with a projected 1,000 employees and revenues of hundreds of millions of dollars. He had participated in raising over $2 million for charitable causes.

A related term is found in INA § 204(b)(2)(B)(i): a petitioner may qualify for employment-based immigration, waiving labor certification, if it is in the “national interest.” Under the leading case, Matter of Dhanasar,[24] (a) the proposed work must have substantial merit and national importance; and (b) the petitioner must show they have the education, skills, experience, and a record of success in related efforts and have a plan for future activities.

Another related term is found in INA § 212(d)(5): a person may be paroled into the United States for “significant public benefit.” Examples include:

  • parole of a mafia associate to testify in criminal proceedings[25]; and
  • parole of a person with a central and active role in the operations of a start-up entity, substantial ownership of the entity, where the entity has already attracted significant investment and has substantial potential for rapid growth and job creation.[26]

4. Not a Threat to the Security of the United States

It is the applicant’s burden to prove they are not a “threat to the security of the United States.”[27]

INA § 212(a)(3) lists several of “security and related grounds” of inadmissibility, including the ground for members or affiliates of communist or totalitarian parties or related organizations. Other grounds include:

  1. espionage or sabotage;
  2. violation or evasion of any law prohibiting the export from the United States of goods, technology, or sensitive information;
  3. terrorist activities;
  4. activities the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States;
  5. Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing; and
  6. “any other unlawful activity.”

The breadth of that set of security and related grounds of inadmissibility is illustrated by the ground that entering the country to engage in “any other unlawful activity” renders a person inadmissible.

Similarly, the USCIS Policy Manual provides a “non-exhaustive” list of factors to be considered, such as[28]:

  1. public safety, including criminal history and gang activity;
  2. risks to intellectual property;
  3. risks to information security, including disinformation campaigns;
  4. risks to election security; and
  5. risks to public health.

There is no requirement to show that the applicant is actively opposed to the communist or totalitarian party.[29]

5. Discretion

Even if a waiver applicant meets the threshold requirements, the application can still be approved or denied as a matter of discretion. Discretionary analysis involves the review of all relevant, specific facts and circumstances in an individual case.[30] The factors to consider include are listed USCIS Policy Manual.[31] This is a non-exhaustive list of factors; the officer may consider any relevant fact in the discretionary analysis.[32]

  1. Whether the noncitizen is eligible for the benefit sought;
  2. The applicant or beneficiary’s ties to family members in the United States and the closeness of the underlying relationships;
  3. Hardship due to an adverse decision;
  4. The applicant or beneficiary’s value and service to the community;
  5. Length of the noncitizen’s lawful residence in the United States and status held during that residence, including the age at which the noncitizen began residing in the United States;
  6. Service in the U.S. armed forces;
  7. History of employment;
  8. Property or business ties in the United States;
  9. History of taxes paid;
  10. Nature and underlying circumstances of any inadmissibility grounds at issue, the seriousness of the violations, and whether the applicant or beneficiary is eligible for a waiver of inadmissibility or other form of relief. In my opinion, it is key to provide detailed information about the nature and underlying circumstances of one’s membership in or affiliation with the communist or totalitarian party or related organization. For example:
    • Why and when did you join?
    • What was your involvement?
    • What benefits did you receive due to your membership or affiliation?
    • How, why, and when did you terminate your membership or affiliation?
    • To what extent do you accept or reject the anti-democratic policies and practices of the party or organization?
    • Do you take responsibility and show remorse[33] for your former membership or affiliation and the actions you took in that capacity (for example, enforcing the one-child policy, reporting on others for politically incorrect remarks, or participating in censorship)?
  11. Likelihood that lawful permanent resident (LPR) status will ensue soon;
  12. Evidence regarding respect for law and order, good character, and intent to hold family responsibilities (for example, affidavits from family, friends, and responsible community representatives);
  13. Criminal history (in the United States and abroad) and whether the applicant or beneficiary has rehabilitated and reformed;
  14. Community service beyond any imposed by the courts;
  15. Whether the noncitizen is under an unexecuted administratively final removal, deportation, or exclusion order;
  16. Public safety or national security concerns;
  17. Moral depravity or criminal tendencies reflected by a single serious crime or an ongoing or continuing criminal record, with attention to the nature, scope, seriousness, and recent occurrence of criminal activity;
  18. Findings of juvenile delinquency;
  19. Compliance with immigration laws;
  20. Whether the noncitizen has endorsed, promoted, supported, or otherwise espoused anti-American views or the views of a terrorist organization or group (including in social media content by, or involving a noncitizen). This includes organizations who support or promote anti-American ideologies or activities, antisemitic terrorism, antisemitic terrorist organizations, antisemitic ideologies, or has engaged in physical harassment of any person in furtherance of the organization or group;
  21. In the case of a noncitizen who was admitted or paroled into the United States, whether the application for admission or parole violated the laws, regulations, and policies in place at the time;
  22. Previous instances of fraud or false testimony in dealings with USCIS or any government agency;
  23. Marriage to a U.S. citizen or LPR for the primary purpose of circumventing immigration laws;
  24. Other indicators of a noncitizen’s character.

To perform a discretionary analysis, officers must weigh all positive factors present in a particular case against any negative factors in the totality of the record.[34] The weight given to each factor may vary depending on the facts of a particular case as well as the relationship of the factor to other factors in the analysis.[35] Officers should consider each factor separately and then all the factors as a whole.[36]

6. Waiver Procedures

6A. When and Where to File

Immigrant visa applicants

If you have filed an immigrant visa application, the waiver application cannot be filed until the consular officer has denied the visa application on the basis that you are inadmissible.[37]

File the I-601 with the designated USCIS lockbox address listed on the USCIS website.[38] I-601s are currently adjudicated at the Nebraska Service Center (NSC), and the current processing times can be found on the USCIS website, at https://egov.uscis.gov/processing-times/.

Filing with Form I-485

If you are filing a Form I-485, Application to Adjust Status with USCIS, you may file the Form I-601 simultaneously at the designated address for the Form I-485 filing.[39] They will typically be adjudicated at the same time, according to the processing times shown for the I-485 at https://egov.uscis.gov/processing-times/.

Pending I-485

If your Form I-485 is already pending and you are filing a Form I-601—including in cases where USCIS has issued a request for evidence (RFE) seeking the Form I-601—file the I-601 with the designated USCIS lockbox address listed on the USCIS website.[40] After the USCIS receipt notice is issued, give a copy to the office where your I-485 is pending. That office will also adjudicate your Form I-601 according to the processing times shown for the I-485 at https://egov.uscis.gov/processing-times/, or within about 60 days of your RFE response.

Expedite Requests to USCIS

You may request that USCIS expedite the adjudication of a Form I-601 that is under USCIS jurisdiction. USCIS considers such requests on a case-by-case basis and generally requires documentation to support such requests. Relevant criteria or circumstances that may be considered in determining whether to grant an expedite request include, but are not limited to, the below:

  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence;
  • Emergencies or urgent humanitarian situations;
  • Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
  • Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests; and
  • Clear USCIS error.

To make an expedite request, call the USCIS Contact Center or use USCIS’s Ask Emma bot or use the inquiry form in your USCIS online account to explain why you need expedited processing of a pending case. You will be required to submit supporting documentation.[41]

Filing with a USCIS International Office

For cases within USCIS jurisdiction, a USCIS international office may agree to accept a Form I-601 if even expedited processing would be insufficient to address the urgency of the circumstances. The applicant must reside in the country where the USCIS international office is located.[42] There must be “exceptional and compelling circumstances” that require the “immediate adjudication” of the application. Examples of such circumstances include:

  • Medical emergencies: The applicant or qualifying family member is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel for the time it would take for expedited Nebraska Service Center adjudication may create a medical risk or extreme hardship for the mother or child.
  • Threats to personal safety: The waiver applicant or the qualifying family member is facing an imminent threat to personal safety.
  • Close to aging out: A beneficiary is within a few weeks of aging out of visa eligibility
  • Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to depart the country.[43]

In Removal Proceedings

If you are in removal proceedings, file Form I-601 with the Executive Office for Immigration Review as instructed by the Immigration Judge.[44]

6B. What to File

  1. Form I-601, Application for Waiver of Grounds of Inadmissibility
  2. Current filing fee listed in the USCIS website
  3. Form G-1145, E-Notification of Application/Petition Acceptance, if filing with a USCIS lockbox
  4. Legal brief arguing why your Form I-601 should be approved
  5. Declaration by applicant
  6. Evidence of the identity and relationship to applicant of each qualifying relative
  7. Declaration(s) by qualifying relative(s)
  8. Evidence in support of your argument that the waiver is for humanitarian purposes, to assure family unity, and/or otherwise in the public interest
  9. Evidence in support of your argument that you are not a threat to the security of the United States, such as police reports from any country you have lived in.
  10. Evidence in support of your discretionary arguments, such as:
    • Health. For example: Ongoing or specialized treatment required for a physical or mental condition, availability and quality of such treatment in the foreign country, anticipated duration of the treatment, chronic vs. acute or long vs. short-term care, and need for the applicant to assist with any physical or mental conditions;
    • Financial Consideration. For example: Future employability, loss due to sale of a home or business, termination of a professional practice, decline in standard of living, ability to recoup short-term losses, cost of extraordinary needs such as special education or training for children with special needs, and cost of care for family members (elderly and sick parents);
    • Education. For example: Loss of opportunity for higher education, lower quality or limited scope of education options, disruption of current program, requirement to be educated in a foreign language or culture with ensuing loss of time or pay level, availability of special requirements, such as training programs or internships in specific fields;
    • Country conditions reports from China, Cuba, Vietnam, Venezuela, or other country
  11. Letters from friends, family, employers, and/or community members that buttress the above arguments
  12. Expert opinion letter(s), as appropriate, regarding issues such as health or country conditions

6C. Adjudication

Before adjudicating a waiver, the USCIS officer must verify that the applicant is inadmissible. In appropriate cases, the officer may determine that the applicant is admissible and does not require a waiver.[45] Therefore, a waiver application is an appropriate place to challenge a determination of inadmissibility. But if the inadmissibility determination was made by a different agency, such as the U.S. Department of State or CBP, the USCIS officer should overturn the determination only if it was clearly erroneous.[46]

The USCIS decision may be any of the following:

  • Approval.[47]
  • Denial: An officer must specify the reason(s) for denying any waiver in the denial notice.[48] If an officer denies the waiver based on discretion, the officer should explain how the negative factors outweigh the positive factors.[49]
  • Request for additional evidence.
  • Notice of intent to deny: This notice will allow 60 days from the date of the notice for submission of additional evidence. Failure to submit additional evidence will result in denial on the grounds of abandonment.

If the Form I-601 is denied by USCIS, the decision letter must specify if the applicant may:

  • File an appeal. The officer must give the applicant proper notice of the possibility to appeal to the Administrative Appeals Office using Form I-290B, Notice of Appeal or Motion, within 30 days of the decision (33 if the decision was mailed). The AAO conducts a de novo review of both the law and fact[50]; or
  • File a motion to reopen or reconsider. Such motion is filed on Form I-290B. A motion to reopen must be supported by new facts, supported by affidavits or documentary evidence, that were not previously available. A motion to reconsider must argue the decision was incorrect at the time it was made, based on the evidence in the record. The motion must be filed within 30 days of the decision (33 if mailed). The motion is filed with the USCIS office that made the original decision. If USCIS approves the motion, then the officer reviews the waiver application again as if it had never been adjudicated. Therefore, USCIS issues a new decision on the waiver application following a successful motion.[51]

USCIS may also reconsider a waiver approval or denial on its own motion at any time.[52]

7. Conclusion

In closing, here are several tips for a successful waiver application:

  • Unlike most many types of waiver application, a Form I-601 filed to waive inadmissibility for communist or totalitarian party membership or affiliation need not prove extreme hardship to a qualifying relative. Still, it is important to show the hardships of waiver denial, such as financial struggles, medical issues, or emotional distress, to the qualifying relative and the applicant.
  • In discussing the hardships of waiver denial, develop both scenarios: What would be the hardships of separation if the applicant lives abroad, and the qualifying relative remains in the United States? What would be the hardships if the qualifying relative relocates abroad to live with the applicant?
  • In deciding whether to approve the application as a matter of discretion, the applicant’s membership or affiliation in a communist or totalitarian party or related organization will always be a negative factor. Where true, provide credible details about the limited nature and extent of involvement in the party or organization so that the officer can feel comfortable that it is not a serious negative factor.
  • Successful waiver applications often involve the applicant showing remorse for the events that made them inadmissible and rehabilitation, such as support for democracy. It can be helpful for an applicant to truthfully explain that they regret having joined or affiliated themselves with a communist or totalitarian party and that they do not ascribe to their anti-democratic policies and practices.

Chodorow Law Offices has extensive experience with Forms I-601, and it would be a pleasure to schedule a consultation with you to discuss the strategy for your application.

  1. INA § 212(a). See generally, Gary Chodorow, Grounds of Inadmissibility under U.S. Immigration Law (Dec. 24, 2019), https://lawandborder.com/grounds-of-inadmissibility/. ↑


  2. For more about this ground of inadmissibility, see Gary Chodorow, Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship (May 5, 2025), https://lawandborder.com/communist-party-members-ineligible-green-card/. ↑


  3. See generally, Gary Chodorow, Common Waivers of Inadmissibility (Dec. 19, 2020), https://lawandborder.com/common-waivers-of-inadmissibility/. ↑


  4. Prior to September 11, 2001, the Attorney General held comprehensive authority over immigration and naturalization matters. But in the wake of the terrorist attacks, Congress created the Department of Homeland Security (DHS) to, among other things, administer and enforce immigration and naturalization laws. DHS then delegated power to administer immigration and naturalization benefits to USCIS. Section 103(a)(1) of the INA, as amended by Homeland Security Act of 2002 Amendments, Division L of Pub. L. No. 108-7, § 105(a)(1), 117 Stat. 531 (2003), provides:



    The Secretary of Homeland Security shall be charged with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of aliens, except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, Attorney General, the Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and ruling by the Attorney General with respect to all questions of law shall be controlling.



    The INA itself still designates the Attorney General as the individual responsible for administering most immigration and naturalization provisions and programs, but those references should now generally be read as referring to DHS. ↑


  5. INA § 212(a)(3)(D)(iv). ↑


  6. Matter of Rusin, 20 I. & N. Dec. 128 (BIA 1989). ↑


  7. Rowoldt v. Perfetto, 355 U.S. 115, 120 (U.S. 1957). See also Grzymala-Siedlecki v. United States, 285 F. 2d 836, 840 (5th Cir. 1961) (giving a “liberal interpretation” to these statutory exceptions to inadmissibility); Matter of P-, 19 I. & N. Dec. 823, 828 (BIA 1988) (stating that waivers for humanitarian/family unity/public interest grounds should be “granted liberally”). ↑


  8. USCIS, Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility (Oct. 15, 2024), https://www.uscis.gov/i-601-addresses. ↑


  9. See INA § 101(b)(2) (defining “parent”). ↑


  10. See INA § 101(a)(35) (defining “spouse”). ↑


  11. A “son” or “daughter” is a person who is or was a “child” under INA § 101(b)(1), even if now over age 21 or married. 6 USCIS-PM B.2(b)(2). ↑


  12. Siblings are persons who are or once were “children of a common parent.” AFM 21.9(b). See INA §§ 101(b)(1), (2) (defining “child” and “parent.”) ↑


  13. See INA § 212(h) (waiver of criminal grounds); § 212(i) (waiver for fraud); § 212(a)(9)(B)(v) (waiver for unlawful presence). Similarly, cancellation of removal requires a showing of “extreme hardship” for domestic violence victims, § 240B(b), or “exceptional and extremely unusual hardship” for others § 240B(b)(1)(D). ↑


  14. USCIS, Humanitarian (last visited Aug. 31, 2025), https://www.uscis.gov/humanitarian. ↑


  15. USCIS, Guidance on Evidence for Certain Types of Humanitarian or Significant Public Benefit Parole Requests (Oct. 11, 2022), https://www.uscis.gov/humanitarian/humanitarian-or-significant-public-benefit-parole-for-noncitizens-outside-the-united-states/guidance-on-evidence-for-certain-types-of-humanitarian-or-significant-public-benefit-parole-requests. ↑


  16. Pub. L. 89-236. ↑


  17. 136 Cong. Rec. 36,838 (1990). ↑


  18. H.R. Rep. 101-723(1) (Sept. 19, 1990) at 6717, available at https://niwaplibrary.wcl.american.edu/wp-content/uploads/HR-REP-101-723-BSW-Leg-History.pdf, quoting the U.S. Select Comm’n on Immigr. & Refugee Policy, U.S. Immigration Policy and the National Interest: The Final Report of Select Commission on Immigration and Refugee Policy 112 (Mar. 1, 1981). ↑


  19. Nwozuzu v. Holder, 726 F.3d 323, 332 (2d Cir. 2013) (citing H.R. Rep. No. 82-1365 (1952), reprinted in 1952 U.S.C.C.A.N. at 1680); see also Holder v. Martinez Gutierrez, 566 U.S. 583, 594 (2012) (recognizing that the “objectives of providing relief to [noncitizens] with strong ties to the United States and promoting family unity . . . underlie or inform many provisions of immigration law,” even if “they are not the INA’s only goals, and Congress did not pursue them to the nth degree”) (quotation marks omitted) (citing Fiallo v. Bell, 430 U.S. 787, 795 n.6 (1977), and INS v. Errico, 385 U.S. 214, 220 (1966)). ↑


  20. 431 U.S. 494, 505-06 (1977). ↑


  21. Id. at 503-504. ↑


  22. See Anthony T. Machette and Iona A. Cionea, In-Laws, Communication, and Other Frustrations: The Challenges of Intercultural Marriage, 17 Interpersona 1, 2 (2023), https://interpersona.psychopen.eu/index.php/interpersona/article/view/8047. ↑


  23. Cambridge Dictionary, Otherwise (last viewed Aug. 11, 2025), https://dictionary.cambridge.org/us/dictionary/english/otherwise. ↑


  24. 26 I. & N. Dec. 884 (AAO 2016). ↑


  25. Matter of Badalamenti, 19 I&N Dec. 623, 626 (BIA 1988). ↑


  26. 3 USCIS-PM G.2. ↑


  27. INA § 212(a)(3)(D)(iii)(II). ↑


  28. 8 USCIS PM F.3(D)(2). ↑


  29. 8 USCIS-PM F.3(D)(1), citing Section 601 of IMMACT 90, Pub. L. 101-649 (PDF), 104 Stat. 4978, 5067-5077 (November 29, 1990), which eliminated the requirement of active opposition to the doctrine, program, principles, and ideology of the Communist or totalitarian organization. ↑


  30. 1 USCIS-PM E.8. ↑


  31. 1 USCIS-PM E.8(C)(2); 9 USCIS-PM A.5(A). ↑


  32. Id. ↑


  33. Taking responsibility and showing remorse for the activities related to the inadmissibility constitutes evidence of rehabilitation. Matter of Mendez-Morales, 21 I. & N. Dec. 296, 304 (BIA 1996). ↑


  34. 1 USCIS-PM E.8(B)(1). 1 USCIS-PM E.8(B)(1). ↑


  35. 1 USCIS-PM E.8(B)(3). ↑


  36. Id. ↑


  37. Form I-601 Instructions 1 (Jan. 20, 2025). ↑


  38. USCIS, Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility (Oct. 15, 2024), https://www.uscis.gov/i-601-addresses. ↑


  39. Id. ↑


  40. Id. ↑


  41. USCIS, Expedite Requests (Mar. 31, 2025), https://www.uscis.gov/forms/filing-guidance/expedite-requests. ↑


  42. USCIS, International Immigration Offices (Dec. 10, 2024), https://www.uscis.gov/about-us/find-a-uscis-office/international-immigration-offices. ↑


  43. USCIS, Policy Memorandum, Exceptions for Permitting the Filing of Form I-601, Application for Waiver of Grounds of Inadmissibility, and any associated Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, at International USCIS Offices (PM-602-0062.1) (Nov. 30, 2012), https://www.uscis.gov/sites/default/files/document/memos/Revised%20I-601%20Centralization%20Exception%20PM%20.pdf. ↑


  44. USCIS, Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility (Oct. 15, 2024), https://www.uscis.gov/i-601-addresses. ↑


  45. 9 USCIS-PM A.3(A). ↑


  46. 9 USCIS-PM A.3(B). ↑


  47. 8 C.F.R. § 212.7(a)(3). ↑


  48. 9 USCIS-PM A.7; see 8 C.F.R. § 103.3(a)(1)(i). ↑


  49. 9 USCIS-PM A.7. ↑


  50. 8 C.F.R. § 103.3(a)(1)(ii). ↑


  51. 8 C.F.R. § 103.5(a)(2), (3). ↑


  52. 9 USCIS-PM A.7. See 8 C.F.R. §§ 103.5(a), 212.7(a)(4)(v). ↑


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