Florida Immigration Attorneys

Most I-601 waivers and I-212 applications to filed in the US

There are exceptions for 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 CIS outside the US

The prior position of CIS was that visa applicants who required waivers waiver applicants and were outside the US filed for the waiver to the US Consulate. Waivers of inadmissibility are filed on form I-601 and the Application to Reapply for Admission to the US is filed on Form 1-212. After the I-212 or I-601 were received at the consulate the applications were forwarded to CIS for adjudication.

In 2011 CIS changed the filing procedures and CIS that were located at the US consulate abroad began to accept the I-601 and the I-212. Theses applications were in turn decided by the CIS office having jurisdiction over the country where the application was filed.

In June of this year, CIS again changed the process for waiver applicants outside the US requiring the filing of Forms I-601 and I-212 applications at a CIS Lockbox in the Lincoln Nebraska Service Center (NSC). Except for those coming from Mexico. Those Forms I-601 and Forms I-212 filed from Mexico before December 5, 2012, were given the option of filing their applications either with Nebraska or with the CIS Juarez office. Starting December 5, all Forms I-601 and I-212 need to be filed with the NSC

Except in some situations. Such as where is no direct mail service as between the US and Cuba and cases that involve exceptional and compelling circumstances that require the immediate attention to address the urgency of the situation. Exceptions to this rule are:

Any applicants residing in Cuba may continue to file Form I-601 and associated Form I-212 with the USCIS Havana Field Office or at the NSC.

Any applicant in a country other than Cuba may seek a determination by the CIS to accept filing outside the US under the existence of exceptional and compelling circumstances that necessitates expedited processing due to the urgency of the situation. The CIS office abroad will also take any Form I-290B, Notice of Appeal or Motion, associated with a denial of a Form I-601 or Form I-212. If Form I-290B is filed as a motion is decided abroad if filed as an appeal is forwarded to the Administrative Appeals Office (AAO). Special circumstances exist for persons unable to travel tot he CIS office abroad.

Some examples when a Form I-601 and associated Form I-212 may be filed abroad:

  • Medical emergencies;

  • Threats to safety;

  • Aging out;

  • Adoption.