How Refugees, Asylees Can File Form I-602 Request for Waiver of Inadmissibility

If you are a refugee applying for admission to the United States, or a refugee or asylee applying for adjustment of status (to obtain a green card while in the United States), and your eligibility is being questioned because you are seemingly "inadmissible" under U.S. immigration law, you might be able to ask the U.S. government to "waive" (overlook or forgive) your inadmissibility.

You are most likely to be eligible for a waiver and gain approval if you can present strong humanitarian, family unity, or public interest grounds for why you deserve the waiver.

The same option is available to family members who are "derivatives" of the principal refugee or asylee (meaning they're included in the same application).

The standard way of applying for the waiver is to prepare and submit a Form I-602, Application by Refugee for Waiver of Grounds of Excludability (free for download from U.S. Citizenship and Immigration Services or USCIS).

You would do so either in conjunction with your Form I-590, Registration for Classification as Refugee if you are a refugee seeking admission from outside the United States, or in conjunction with your Form I-485, Application to Register Permanent Residence or Adjust Status if you are a refugee or asylee seeking adjustment of status from inside the United States.

Family derivatives should file Form I-602 with their Form I-730, Refugee/Asylee Relative Petition.

No fee is required to file Form I-602.

You Might Not Actually Need to Submit Form I-602

Submitting Form I-602 is not a strict requirement, except for refugees and asylees who are inadmissible on health-related grounds. Use of this form is also recommended for refugees and asylees who are inadmissible on criminal or related grounds.

In all other cases, USCIS often prefers that waiver applicants use Form I-602, though it may grant waivers without it if the agency's records already contain enough information to assess eligibility for the waiver.

If USCIS's records are not favorable to an applicant (making a denial more likely), then USCIS will ask the applicant to file Form I-602 with documentation and an explanation of why the person deserves and is eligible for a waiver.

Tips on Filling Out Specific Sections of Form I-602

Although much of Form I-602 is self-explanatory, here are instructions on some of the sections that you might have questions about. (This refers to the version published on 08/08/22.)

Part 1 of Form I-602, Information About You

This opening section is largely self-explanatory, asking for your biographical information.

If you've already submitted applications to USCIS, you likely have an A-number, which is an eight- or nine-digit number following the letter "A" for Alien. (If your A number comes from having been in deportation or removal proceedings or you've had any immigration applications denied, definitely see a lawyer; you might need to follow different procedures than are described here.)

You would have a USCIS Online Account Number only if you previously filed an application, petition, or request online using USCIS's electronic immigration system (at one time called ELIS). The system issues its users an account number. It's not the same as an A-number.

Part 2 of Form I-602, Reasons for Inadmissibility

Part 2 of Form I-602 asks that you specify the section or sections of the Immigration and Nationality Act (I.N.A.) under which you are inadmissible.

If you are inadmissible based on the results of your medical examination (as discussed below), you will be informed of the specific I.N.A. section that applies to you. Likewise, if you are filing the form in response to a request by USCIS based on any other ground, you will find an indication of the relevant I.N.A. section on USCIS's request letter.

If, instead, you are filing Form I-602 on your own initiative (concurrently with your Form I-590, I-485, or I-730), then you would do well to consult the relevant text of the law on USCIS's website.

The section or sections relevant to your case should be one of these:

• Section 212(a)(1), for health-related grounds.
• Section 212(a)(2), for criminal and related grounds.
• Section 212(a)(3), for security and related grounds.
• Section 212(a)(6), for fraud, illegal entry into the U.S., and similar past violations of U.S. immigration laws.
• Section 212(a)(8), which applies typically to persons who evaded a U.S. military draft (unlikely to be relevant for refugee and asylum applicants).
• Section 212(a)(9), which applies to persons who were unlawfully present or were previously removed (or deported) from the United States—although the unlawful presence bar is less likely to apply to refugees and asylees.
• Section 212(a)(10), which applies to a variety of other people, including those who voted illegally in U.S. elections and those who intend to practice polygamy in the United States. (If you practiced polygamy in your home country but do not intend to practice it while in the U.S., then this bar should not apply to you.)

You will also need to describe the acts, criminal convictions, or health conditions for which you are requesting the waiver.

Next, check the appropriate box or boxes in Part 2 indicating the reason or reasons why (on humanitarian grounds, for family unity, or in the public interest) you should be granted the waiver. Be sure to also provide a thorough explanation and documentation of your claim.

For example, if you are ineligible for adjustment of status due to your inability to present proof of required vaccinations, but you have strong objections to vaccinations because of your religious or moral convictions, you may be granted a waiver on humanitarian grounds.

Sign and date in the space provided at the bottom of Part 2.

Filling Out Part 3 of Form I-602, Applicants Who Have or Had a Physical or Mental Disorder and Behavior Associated With the Disorder

If you are inadmissible on health-related grounds, you might also need to fill out Part 3.

You will undergo a mandatory medical examination to find out whether this applies to you. If you are a refugee or derivative applying from outside the United States, your exam will be performed by a panel physician designated either by the U.S. government or by the International Organization for Migration. If you are a refugee or asylee present in the U.S., you can find a list of physicians authorized to do this exam on the Find a Doctor page of the USCIS website.

The best thing to do if you are declared inadmissible on health grounds is most likely to obtain any available treatment in order to cure or address the medical condition in question.

However, if your health issue cannot be immediately resolved (and especially if you have tuberculosis, or any physical or mental disorder that has ever been associated with harmful behavior), then you will need a doctor in the U.S. (one who's not too far from the location where you intend to live) to fill out and sign Part 3(B) of Form I-602 for you. This serves as evidence that you have made arrangements to obtain medical treatment upon arrival in the United States.

USCIS will then forward your form to the Centers for Disease Control to fill out Part 3(C) (basically, to make sure the doctor you have selected is suitable). After this, USCIS will return the form to you so you can sign Part 3(A).

Filling Out Part 4 of Form I-602, Applicant With a Class A Tuberculosis Condition

If you have TB, you will need to agree to follow-up treatment and, as described above, arrange for a doctor to agree to monitor your care.

No Appeal If I-602 Waiver Is Denied

There is no appeal from a denial of Form I-602. However, waiver applicants who are seeking adjustment of status and find themselves in removal proceedings (in front of an immigration judge) as a result of the denial of the Form I-602 may renew their application in immigration court.

Getting Legal Help

In any type of case that involves proving complex matters such as these, creating a convincing argument before U.S. immigration authorities can require much more than just filling out forms. An experienced immigration attorney can help evaluate your situation, prepare arguments in the form of a cover letter or legal brief, accompanied by supporting evidence, and prepare you for any in-person court appearances or interviews before U.S. government officials.