Immigrant Visas
The Waiver Process
In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may be eligible to apply for a waiver of the ineligibility. At the time of the immigrant visa interview, the consular officer will make a determination as to whether an applicant is waiver eligible. If the consular officer finds an applicant ineligible for a visa, but eligible to apply for a waiver, the officer will give the applicant instructions on how to apply for the waiver and will direct them to make a waiver appointment by contacting the call center.
The waiver application and supporting documentation are reviewed by the U.S. Citizenship and Immigration Services (USCIS), which has jurisdiction for adjudicating all waiver applications submitted in Ciudad Juarez. If the waiver is readily approvable, the applicant usually receives his or her immigrant visa via DHL courier within a few days of the waiver appointment. Otherwise, the waiver application is referred for further review and the applicant is given the opportunity to submit additional hardship evidence. Applicants are notified in writing of the waiver decision and given instructions on how to proceed. Waiver applications referred for further review normally take between twelve to fifteen months to process.
See the USCIS I-601 Waiver page for more information.