Embassy of the United States

USCIS-Athens Field Office

Waivers (I-601 AND I-212)

FORM I-601 - APPLICATION FOR A WAIVER OF GROUND OF INADMISSIBILITY

Some persons who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601). Findings of ineligibility are made by a Consular Officer during an immigrant visa interview. This application and evidence of extreme hardship are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa.

The Consular Officer forwards the form and supporting documentation to the USCIS office with jurisdiction to adjudicate the application. If the application is approved, USCIS sends approval notification to the appropriate Embassy to issue the visa. If the application is denied, the applicant will be notified in writing of the decision and the visa will not be issued.  The applicant then may appeal the denial decision using Form I-290B.  The appeal is mailed to USCIS Athens but will be adjudicated by the Administrative Appeals Office in Washington DC.

USCIS Athens adjudicates I-601 and I-212 applications submitted to the Immigrant Visa Sections of U.S. Embassies and Consulates in the following countries: Greece, Bahrain, Cyprus, Egypt, Iran, Iraq, Israel, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, and Yemen.

• Form I-601

EVIDENCE OF EXTREME HARDSHIP

Approval of a waiver application requires finding that the refusal of admission to the United States of the immigrant alien has resulted or would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.
 
All claims of extreme hardship must be supported by documentary evidence or a detailed explanation specifying the hardship. Family separation and financial inconvenience will not necessarily constitute extreme hardship. Therefore, it is important for the applicant or the qualifying relative to describe and document any other types of hardship related to the applicant’s inadmissibility.

Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life, such as:
 
• HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.

• FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or 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; cost of care for family members (i.e., elderly and infirm parents).

• EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of options; disruption of current program; requirement to be educated in a foreign language or culture; availability of special requirements, such as training programs or internships in specific fields.

• PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States and the applicant’s country.

• SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
 
• Any other situation that the applicant feels may help meet the burden of extreme hardship.

The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative, not the applicant.

FORM I-212 - APPLICATION FOR PERMISSION TO REAPPLY FOR ADMISSION INTO THE U.S. AFTER DEPORTATION OR REMOVAL

Some individuals who have been deported or removed from the United States or who departed the United States after the expiration of a voluntary departure order will also need to file Form I-212, Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal. This application is filed with the Consular Officer at the Embassy or Consulate where the beneficiary of the petition applied for the visa. The applicant should include a statement and other evidence of favorable factors that USCIS should consider in making a decision on the application.

The Consular Officer forwards the form and supporting documentation to the USCIS office with jurisdiction over the country of the applicant’s residence. An I-212 waiver will only be sent to USCIS Athens with an accompanying I-601 waiver for immigrant-visa cases.  An I-212 without  an I-601 waiver is accepted for non-immigrant visa cases only if the applicant is the beneficiary of a fiancée visa.  If the application is approved, USCIS Athens sends approval notification to the appropriate Embassy or Consulate to issue the visa. If the application is denied, the applicant will be notified in writing of the decision and the visa will not be issued.  The applicant then may appeal the denial decision using Form I-290B.  The appeal is mailed to USCIS Athens but will be adjudicated by the Administrative Appeals Office in Washington DC.
 
• Form I-212

TRACKING THE STATUS OF YOUR CASE ONLINE

It is now possible to track the status of pending I-601 and I-212 applications submitted to this office for adjudication.

You will need your Department of State immigrant visa case Number, (e.g. LND2005 000000, STK2005 000000) to be able to use this service.

USCIS Athens aims to update the tracking list every two weeks.  If you do not see information regarding your case please send and inquiry with your name and DOS case number and note "Inquiry regarding  I-601 on the subject line.  

PROCESSING TIMES

Upon receipt of the application, USCIS will send a letter to the applicant confirming the date the application was received by USCIS Athens. The estimated processing time for adjudicating the I-601 and I-212 applications in Athens is approximately six months from the date of receipt. We ask that you please refrain from contacting this office for status checks while your application is pending. Your cooperation will help us ensure that we maintain our processing times.