On This Page
- Overview
- You may need an I-601 or I-212 if
- Two forms for two different problems
- Which ground, which waiver, which relative
- What a refusal in Ciudad Juárez starts
- How our Juárez office supports clients during the wait
- Filing order: I-212 first, then I-601A, or both together
- Hardship and discretion
- How we handle I-601 and I-212 cases
- What it costs and how long it takes
- Frequently Asked Questions
Overview
- Form I-601 asks USCIS to forgive a ground of inadmissibility, such as misrepresentation, certain crimes or unlawful presence, after a visa refusal in Ciudad Juárez.
- Form I-212 asks permission to reapply for admission after a removal order, and a person with a removal order who plans to use the I-601A files it first.
- Most applicants need a citizen or resident spouse or parent who would suffer extreme hardship; the criminal waiver also counts a citizen or resident son or daughter.
- USCIS decides 80% of I-601 waivers within 41.5 months, and the applicant spends that time in Mexico after the consular refusal.
- Filing fee
- $1,050
- Typical time
- roughly 6–7 years, about 3.5 of them in Mexico
- Reviewed
- October 19, 2026
You may need an I-601 or I-212 if
- A consular officer in Ciudad Juárez refused your immigrant visa under INA 212(a) for unlawful presence, misrepresentation or a criminal conviction, and gave you a refusal letter naming the ground
- You were deported, removed, or expedited removed at the border, and the five-, ten- or twenty-year bar under INA 212(a)(9)(A) has not run out
- You have a qualifying relative: a U.S. citizen or permanent resident spouse or parent (for the criminal waiver, a U.S. citizen or resident son or daughter also counts)
- That relative would suffer extreme hardship if you cannot immigrate, both if they stay in the United States without you and if they move to Mexico
- You are applying for an immigrant visa or adjustment of status, and the waiver is the only thing between you and approval
- For an I-212 after the permanent bar under INA 212(a)(9)(C), you have been outside the United States for at least ten years since your last departure
The trap is the permanent bar under INA 212(a)(9)(C). Anyone who re-entered or tried to re-enter without inspection after a removal order, or after more than a year of unlawful presence, cannot be waived at all until ten years have passed outside the United States. Many people learn this at the Juárez window. We check the entry history before anyone leaves.
Sound like your situation? Request a consultation or call 888-305-0261.
Two forms for two different problems
The I-601 is a waiver. It asks USCIS to forgive a specific ground of inadmissibility so that an immigrant visa or green card can be issued anyway. The grounds it covers most often in our border cases are unlawful presence under INA 212(a)(9)(B), a misrepresentation to an immigration officer under INA 212(i), and certain criminal convictions under INA 212(h). Each ground has its own rules on who the qualifying relative can be and what has to be proven.
The I-212 is not a waiver. It is a request for permission to apply for admission earlier than the law would otherwise allow after a removal. A person removed at the border through expedited removal is barred for five years; a person removed after a hearing is barred for ten; a second removal brings twenty; a removal after an aggravated felony conviction is permanent. The I-212 asks DHS to consent to an application before that period ends. A person who needs both forms files both, and USCIS decides them together.
Which ground, which waiver, which relative
| Ground of inadmissibility | Form | Qualifying relative | Standard |
|---|---|---|---|
| Unlawful presence, three- or ten-year bar | I-601 (or I-601A before the interview) | U.S. citizen or resident spouse or parent | Extreme hardship |
| Misrepresentation or fraud, INA 212(i) | I-601 | U.S. citizen or resident spouse or parent | Extreme hardship |
| Certain crimes, INA 212(h) | I-601 | U.S. citizen or resident spouse, parent, son or daughter | Extreme hardship, or fifteen years since the offense |
| Prior removal order, INA 212(a)(9)(A) | I-212 | None required | Discretion: time since removal, reason, ties, hardship |
| Permanent bar, INA 212(a)(9)(C) | I-212 after ten years outside | None required | No waiver of any kind before the ten years run |
Two grounds have no waiver in family cases and change the plan entirely: a false claim to U.S. citizenship made after September 30, 1996, and the permanent bar before the ten-year wait is complete. If either appears in the record, the honest advice is usually not to schedule a Juárez interview at all until the problem is solved or the time has run.
What a refusal in Ciudad Juárez starts
When the consular officer finds a ground of inadmissibility, the applicant receives a refusal letter under INA 221(g) or 212(a) that names the ground and says a waiver may be available. The applicant is now outside the United States and stays outside until USCIS decides the waiver. The I-601 is filed with USCIS from Mexico, with the consular refusal letter, the hardship evidence, and, if there is a removal order, the I-212.
This is the hard fact of the standard I-601: USCIS reported on our review date that 80% of I-601 waivers are decided within 41.5 months. That is roughly three and a half years living in Mexico while the case is pending. The provisional I-601A exists precisely to avoid this wait for people whose only ground is unlawful presence, which is why the pre-interview review of the record matters so much.
How our Juárez office supports clients during the wait
Most of our I-601 clients wait in Ciudad Juárez or Chihuahua, close enough to El Paso for family to visit. Our Juárez office holds the case file, receives USCIS correspondence, answers requests for evidence, and keeps the consular case from being closed for inactivity. The medical exam expires before a waiver of this length is decided, so we schedule a new exam at an authorized clinic when the approval arrives, and we request the new interview date at the consulate. Clients who settle farther south work with our Mexico City office. The same attorneys in El Paso and San Antonio stay on the case, so the family on the U.S. side has one point of contact.
Filing order: I-212 first, then I-601A, or both together
A person inside the United States with an old removal order who wants the provisional waiver files the I-212 with USCIS first. USCIS issues a conditional approval of the I-212, and only then will it decide the I-601A. A person already refused in Juárez files the I-601 and the I-212 together, and USCIS decides them as a pair. A person subject to the permanent bar files nothing until ten years have passed since the last departure; the ten years run only from the date they left, not from the removal order, and the I-212 is filed from outside the country at the end of that period.
Hardship and discretion
The I-601 hardship evidence is the same kind that carries the I-601A: medical and psychological records for the qualifying relative, financial dependence, the relative's ties to the United States, and documented conditions in the Mexican city the family would have to live in. The difference is discretion. For a misrepresentation or a conviction, USCIS also weighs the seriousness of the conduct, how long ago it happened, and evidence of rehabilitation. For the I-212, there is no hardship requirement at all, but the same factors decide the case: the reason for the removal, the time that has passed, the applicant's conduct since, and the family's need.
How we handle I-601 and I-212 cases
Records and FOIA requests
We request the applicant's files from USCIS, Customs and Border Protection and the immigration court, plus certified criminal dispositions, so every ground of inadmissibility is known before the first filing.
Strategy and filing order
We decide whether the case belongs on the I-601A inside the United States or the I-601 after a consular interview, whether an I-212 is required, and whether the permanent bar applies and what date the ten years run from.
Hardship and discretion evidence
We build the qualifying relative's hardship file and, for misrepresentation, crimes and removal orders, the evidence of time passed, rehabilitation and community ties that the discretionary decision turns on.
Filing with USCIS
We file the I-601, the I-212, or both, with the consular refusal letter and a legal brief, and answer any request for evidence within the deadline.
Support during the wait in Mexico
Our Juárez and Mexico City offices stay in contact with the client, keep the consular case active, and arrange the new medical exam when the approval arrives.
New interview and visa
We notify the consulate of the approval, obtain the new interview date, and follow the case through visa issuance, the USCIS immigrant fee and the return to the United States.
What it costs and how long it takes
Government fees and processing times as published on October 19, 2026. We re-check them every quarter.
| Form I-601 waiver of inadmissibilityPaid to USCIS; a fee waiver is available only in limited categories | $1,050 |
|---|---|
| Form I-212 permission to reapplyWhen filed with USCIS; filings with CBP follow CBP payment instructions | $1,175 |
| Form I-130 petition | $675 paper / $625 online |
| Immigrant visa application (DS-260)Usually paid before the first Juárez interview | $325 |
| Medical exam in Ciudad JuárezRepeated if the first exam expires during the waiver wait | US$323 + 16% tax (age 15+) |
| USCIS immigrant feePaid after the visa is issued, before entry | $235 |
| Attorney fee | Discussed at the consultation |
USCIS fees shown are from the fee schedule in effect on the review date.
| I-130 approval (spouse of a U.S. citizen)USCIS completes 80% of immediate-relative petitions within 25.5 months | up to about 25 months |
|---|---|
| NVC processing and first Juárez interviewThe consulate publishes no scheduling figure; plan on a year or more after NVC | 15 months or more |
| Preparing and filing the I-601 and I-212 after the refusal | 1–3 months |
| USCIS decision on the I-60180% decided within 41.5 months on the review date; the I-212 is decided with it | about 41.5 months |
| New interview, visa issuance and return | weeks to a few months |
| Total, petition to green card | roughly 6–7 years, about 3.5 of them in Mexico |
Ranges reflect posted USCIS and NVC processing times on the review date; individual cases vary.
Government fees are set by USCIS and the Department of State and change without notice; the figures here are the published amounts on the review date. Attorney fees are quoted after a consultation and depend on the facts of the case. Processing times are agency estimates, not guarantees.
Frequently Asked Questions
What is the difference between the I-601 and the I-601A?
The I-601A is filed inside the United States before the consular interview and covers unlawful presence only. The I-601 is filed after the consulate refuses the visa, usually from Mexico, and can cover misrepresentation and certain crimes as well as unlawful presence. If your record has anything beyond unlawful presence, the I-601 is the form that will actually be decided.
How much does the I-601 waiver cost in 2026?
The USCIS filing fee for Form I-601 is $1,050. If you also need permission to reapply after a removal, Form I-212 costs $1,175 at USCIS. Attorney fees are separate and discussed at the consultation.
How long does the I-601 take?
On our review date USCIS reported that 80% of I-601 waivers were decided within 41.5 months. Because the applicant has already left the United States, that is time spent in Mexico. Check the USCIS processing-times page for the current figure before you plan.
Do I have to wait in Mexico while the I-601 is pending?
Yes, if the waiver follows a consular refusal. You left the United States for the interview, and you cannot lawfully return until the waiver is approved and the visa issued. Most of our clients wait in Ciudad Juárez or Chihuahua, where our office is, so family in El Paso can visit.
What is the I-212 and when do I need it?
Form I-212 asks permission to apply for admission before the bar from a prior removal has run: five years after an expedited removal, ten years after a removal order, twenty after a second removal, and permanently after an aggravated felony. You need it if you were removed and want to immigrate before that period ends.
I was deported and came back without papers. Can I get a waiver?
Not yet. Re-entering without inspection after a removal order triggers the permanent bar under INA 212(a)(9)(C), which cannot be waived until you have spent ten years outside the United States. After ten years you can file the I-212, and the I-601 if other grounds apply. The same bar applies to a re-entry after more than a year of unlawful presence.
Can I file the I-212 before I leave the United States?
Yes. A person with a removal order who plans to use the I-601A provisional waiver files the I-212 with USCIS first and waits for a conditional approval. USCIS will not decide the I-601A until the I-212 is conditionally approved.
Who is a qualifying relative for the I-601?
For unlawful presence and misrepresentation, a U.S. citizen or permanent resident spouse or parent. For the criminal waiver under INA 212(h), a U.S. citizen or resident son or daughter also counts. The petitioner and the qualifying relative can be different people.
Does the I-601 cover using a false document or lying at the border?
A misrepresentation to an immigration officer, including a false document or a false answer, is waivable under INA 212(i) with a qualifying spouse or parent and extreme hardship. A false claim to U.S. citizenship made after September 30, 1996 is not waivable in a family case, so the exact words used at the border matter.
Can I get a waiver for a criminal conviction?
Often, yes. INA 212(h) waives many crimes involving moral turpitude and a single offense of simple possession of 30 grams or less of marijuana, with a qualifying relative and extreme hardship, or if fifteen years have passed. Drug trafficking and most other controlled-substance offenses cannot be waived.
What happens if the I-601 is denied?
You can appeal to the Administrative Appeals Office within the deadline on the decision, or file a new I-601 with stronger evidence. The consular refusal stands in the meantime, so the family should decide quickly which path gives the better chance.
Can your Juárez office help me while I wait?
Yes. Our Juárez office holds the file, receives USCIS mail, answers requests for evidence, schedules the new medical exam when the approval comes, and requests the new interview. The attorneys in El Paso and San Antonio remain responsible for the case throughout.
Every case is different — these answers are general information, not legal advice about your situation. For advice about your case, call 888-305-0261 or request a consultation.