Form I-602 explained: inadmissibility waiver for refugees and asylees (Application by Refugee for Waiver of Grounds of Excludability)

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

On the USCIS website, Form I-602 is titled Application by Refugee for Waiver of Grounds of Excludability ("excludability" is an older statutory term; current law calls it "inadmissibility"), and it is decided by U.S. Citizenship and Immigration Services (USCIS). It allows refugees and asylees who are found to have certain grounds of inadmissibility to request a waiver. Refugees may use it at the stage of applying for refugee status abroad; more commonly, refugees or asylees use it when applying to adjust status (for a green card) inside the United States under INA section 209.

Compared with the I-601 used in ordinary family-based and employment-based cases, the waiver standard for the I-602 is noticeably more lenient: under INA 209(c), most grounds of inadmissibility can be waived for humanitarian purposes, to assure family unity, or in the public interest, and there is no need to show "extreme hardship" to a U.S. citizen or green card holder relative. But several grounds cannot be waived at all, and applications involving serious crimes are subject to a stricter discretionary standard.

At a glance

Item	Details
Official title	Form I-602, Application by Refugee for Waiver of Grounds of Excludability
Decided by	USCIS (refugee cases abroad are decided by the USCIS office handling the refugee application)
Who files	Refugees (including derivative family members); asylees adjusting status under INA 209(b)
When to file	At the refugee application stage; or at adjustment of status, together with the I-485 or when USCIS requests it
Online filing	Check the current instructions on the official USCIS form page
Common related forms	I-485, I-693 medical exam, G-28
Official page	uscis.gov/i-602

Who needs to file Form I-602

Refugees adjusting status inside the United States: under INA 209(a), people admitted as refugees must apply to adjust to permanent residence after being physically present in the United States for 1 year. At adjustment, USCIS reviews admissibility, and if a waivable ground exists, a 209(c) waiver is needed.
Asylees adjusting status inside the United States: under INA 209(b), people who have been physically present in the United States for 1 year after being granted asylum may apply to adjust status. Asylees usually undergo a full admissibility review for the first time at adjustment.
Refugee applicants abroad: those found to have a ground of inadmissibility at the refugee application (I-590) stage may file an I-602.
Derivative family members: for example, derivative refugees or asylees admitted through I-730 are likewise covered by 209(c) when adjusting status.

When it does not apply: people applying for a green card through other routes, such as family-based or employment-based immigration — even if they once applied for asylum — cannot use the I-602 unless they are adjusting under INA 209; they must use the I-601 and meet the requirements of the relevant provision.

In addition, under the USCIS Policy Manual, in some situations (for example, where the ground is waivable, the record is sufficient to decide, and there are no significant negative factors) the officer may not require an I-602 and may grant the waiver directly during adjudication; but the officer may also ask you to submit an I-602. Follow the current Policy Manual. Whether to file one proactively should be assessed when preparing the I-485.

Legal basis

The three-tier structure of INA 209(c)

Grounds that do not apply: for refugees and asylees adjusting status, INA 212(a)(4) (public charge), 212(a)(5) (labor certification), and 212(a)(7)(A) (immigrant documentary requirements) do not apply, so these issues do not need a waiver.
Grounds that can be waived: apart from the non-waivable grounds below, all other grounds of inadmissibility can be waived for humanitarian purposes, to assure family unity, or when otherwise in the public interest. Common examples include health-related grounds, most criminal grounds, fraud or misrepresentation (212(a)(6)(C)(i)), unlawful presence (212(a)(9)(B)), and prior removal (212(a)(9)(A)).
Grounds that cannot be waived:
- 212(a)(2)(C): drug traffickers, or people there is reason to believe engaged in or aided drug trafficking;
- 212(a)(3)(A): espionage, sabotage, and other activities endangering security;
- 212(a)(3)(B): terrorist activities (separate exemption and exception mechanisms exist, outside the scope of the I-602);
- 212(a)(3)(C): serious adverse foreign policy consequences for the United States;
- 212(a)(3)(E): participation in Nazi persecution, genocide, torture, or extrajudicial killing.

Related regulations include 8 CFR 209.1 (refugee adjustment), 8 CFR 209.2 (asylee adjustment), and 8 CFR 212.7(d) (discretionary standard for violent or dangerous crimes).

Discretionary standard

The 209(c) waiver is discretionary. Key points from the USCIS Policy Manual:

There is no requirement to show "extreme hardship," and the standard is more lenient than for the I-601;
The officer weighs positive factors such as humanitarian concerns, family unity, and the public interest against the seriousness of the conduct causing inadmissibility;
Past persecution or a well-founded fear of future persecution (the basis for refugee or asylee status) is itself a very strong positive factor; generally, unless the negative factors outweigh it, the waiver should be granted;
Violent or dangerous crimes: under 8 CFR 212.7(d) and the Attorney General's decision in Matter of Jean (2002), applicants involved in violent or dangerous crimes generally will not receive favorable discretion except in extraordinary circumstances (for example, showing "exceptional and extremely unusual hardship").

Unlawful presence and asylees

Some special rules apply to unlawful presence when asylees adjust status:

Time during which a bona fide, non-frivolous asylum application is pending generally does not count as unlawful presence, as long as there was no unauthorized employment;
Under the Board of Immigration Appeals decision in Matter of Arrabally and Yerrabelly (2012), departing and returning on advance parole is generally not treated as a "departure" that triggers the 3-year / 10-year bars; travel on a refugee travel document must be checked case by case;
Even where there is an unlawful presence issue, a waiver can be sought under 209(c).

Tips for completing the form

The I-602 is a relatively short form, but what matters is the accompanying explanation and evidence. Following the current edition, note:

Identity information: your name, date of birth, and A-Number should match your refugee or asylum approval documents and I-94.
Grounds of inadmissibility: list every ground you have been found to have or may have, without omissions — for example, fleeing on someone else's passport or false documents, making untrue statements at entry, or having arrest records in the United States.
Explanation of the waiver request: explain why it should be granted for humanitarian purposes, family unity, or the public interest, including the background of the persecution you suffered, family members in the United States, work and community contributions, and rehabilitation.
Signature. Unsigned applications are returned.

A point that deserves emphasis: many refugees and asylees used false documents or made untrue statements in order to escape persecution. Legally this may create a fraud or misrepresentation ground of inadmissibility, but under 209(c) it can usually be waived, and the circumstances at the time are taken into account. Explaining truthfully is far safer than concealing it; concealment at adjustment can create a new misrepresentation problem.

Evidence and documents to prepare

Refugee or asylum approval documents and I-94;
Official court dispositions for every arrest, charge, and conviction, and proof that sentences were completed;
An explanation of the events behind each ground of inadmissibility (such as how false documents were used);
Family unity evidence: proof of status and relationship for your spouse, children, and parents in the United States;
Humanitarian evidence: medical records, materials related to the persecution suffered, and country conditions information for your home country;
Public interest and positive discretionary evidence: employment records, tax payments, education, community service, reference letters, evidence of rehabilitation (drug treatment or counseling records, etc.);
Health-related grounds: medical exam materials (see Immigration medical exam). Asylees adjusting status generally must submit an I-693; refugees can usually rely on their overseas medical exam and submit only a vaccination record, but if a Class A health condition was found in the overseas exam, a complete new exam is generally required. Follow current USCIS requirements.

Foreign-language documents must include a complete English translation and a translator's certification; see Translation requirements.

Filing and fees

Refugee applicants abroad file with the USCIS office handling their refugee application; those adjusting status inside the United States generally file with the I-485, or as requested in a USCIS notice. Whether there is a fee for the I-602, and how much, is governed by the USCIS fee schedule G-1055 and the form page. The fee and fee waiver rules for the I-485 and related forms filed by refugees and asylees adjusting status also differ from those for other applicants; again, check the current official publications. For how to look these up, see How to check filing fees and processing times.

What happens after filing

Receipt and biometrics: accepted with the I-485; give fingerprints and photos as the notice instructs.
Request for Evidence or interview: USCIS may issue an RFE (see What to do if you receive an RFE) or ask about the facts related to inadmissibility at an interview.
Decision: if the waiver is granted, approval of the I-485 is treated as approval of the waiver as well; if the waiver is denied, the adjustment application is usually denied too.

Check processing times on the USCIS processing times page; for case status, see Checking your USCIS case status.

Note on recent changes: since 2025, USCIS has at times paused adjudication of, or re-reviewed, some refugee adjustment applications and some asylum-related applications, and the scope and status of these measures keep changing with litigation and new policies. Verify the latest USCIS announcements before filing and while waiting.

Options after a denial

No appeal: under the USCIS Policy Manual, there is no administrative appeal of an I-602 denial.
Review in immigration court: if, after adjustment and the waiver are denied, you are placed in removal proceedings, the immigration judge can consider the 209(c) waiver and adjustment application anew. These proceedings should be handled by an attorney familiar with immigration court.
Assess the effect on your status: refugee status may face termination or removal proceedings after a denial; an asylee's asylum status generally does not terminate automatically merely because adjustment was denied, but the specific consequences require case-by-case assessment.

How the I-602 differs from similar forms

Item	I-602	I-601	I-601A
Who uses it	Refugees; asylees adjusting status under INA 209	Family-based, employment-based, and other applicants; K/V visas, TPS, etc.	Immigrant visa applicants inside the U.S. preparing to return home for the interview
Legal basis	INA 209(c)	212(h), 212(i), 212(a)(9)(B)(v), etc.	212(a)(9)(B)(v)
Standard	Humanitarian purposes, family unity, or public interest	Most require extreme hardship to a qualifying relative	Extreme hardship to a qualifying relative
Qualifying relative required?	No	Most require one	Yes
Public charge	Does not apply	Generally applies, with no waiver	Not within the scope of the waiver
After a denial	No administrative appeal; may be reviewed in immigration court	Generally may appeal or file a motion on I-290B	No appeal; may refile

Common questions

I came to the U.S. on a fake passport and applied for asylum. Will that be a problem when I apply for a green card?

Using false documents may create a fraud or misrepresentation ground of inadmissibility, but for asylees adjusting status under INA 209, this ground can usually be waived under 209(c). The key is to explain it truthfully in the I-485 and related materials, and to prepare the explanation and evidence needed for the waiver.

Do asylees seeking a 209(c) waiver need to show extreme hardship to family members?

No. The 209(c) standard is humanitarian purposes, family unity, or the public interest; it does not require a U.S. citizen or green card holder relative or a showing of extreme hardship. But where violent or dangerous crimes are involved, the discretionary standard is much stricter.

Is public charge reviewed when refugees or asylees adjust status?

No. Under INA 209(c), public charge (212(a)(4)) does not apply to refugees and asylees adjusting status.

Do I have to file an I-602?

Not necessarily. For grounds that are waivable, not health-related, factually clear, and without significant negative factors, the officer can grant the waiver without the form. But if you know you have an issue that needs a waiver, it is usually advisable to disclose it proactively and file an I-602 where appropriate, to avoid delays during adjudication.

Can an asylee with a criminal record still get a green card?

It depends on the specific offense. Grounds such as drug trafficking cannot be waived; most other criminal grounds can be the subject of a 209(c) waiver request, but violent or dangerous crimes require extraordinary circumstances for a favorable exercise of discretion. In addition, some crimes may affect asylum status itself. Have an attorney review all court records before filing the I-485.