Skip to main content

Where to file the I-601 waiver when you are in removal proceedings, but out of the country?

Orlando, FL |

The alien entered without inspection and was ordered removed in absentia. Having no knowledge of the removal order he left the country to pursue an immigrant visa as the spouse of a U.S. citizen. The consulate denied him the visa explaining he had been removed form the U.S. The alien's removal proceedings were reopened and the order of removal was rescinded. To continue with his immigrant visa process, an I-601 waiver of unlawful presence needs to be filed. He has an upcoming court date in December in which the judge was very adamant about his attendance. The consulate will not allow him back in the U.S. without an immigrant visa.

Where does the I-601 waiver get filed, Court or USCIS?

Attorney Answers 5


  1. USCIS. If you have no attorney, get one. You may need ICE to help get him parolled back into the U.S.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. It is filed with USCIS. The Form has clear instructions on where to file. Seriously consider working with an attorney. You may need to request humanitarian parole in order to be present at the court hearing.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


  3. It is filed with CIS. Seek legal assistance with both the removal proceedings and the waiver process,


  4. Contact an immigration lawyer. If the proceedings were reopened for lack of service of the NTA then the lawyer who reopened them needs to receive a nice fat bar complaint for incompetent as he or she should have sought termination too.

    This is not legal advice and a client attorney relationship is not created. You should not rely solely on the information provided in this page as every case is different and laws are in a constant state of change.


  5. Form I-601 is filed with USCIS. I am currently working on a case with similar facts. I recommend that you contact an immigration attorney to discuss your options. Many attorneys offer free consultations. Good Luck!

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics