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FAQ - Form I-601A

What is the purpose of Form I-601A?
The purpose of the Form I-601A is to provide for the administration of the U.S. tax laws. As part of the administration of the U.S. tax laws, U.S. Citizenship and Immigration Services (USCIS) receives and processes I-797 and Form I-864, non-immigrant visa applications. The U.S. taxes the U.S. nonimmigrants that apply for I-797 or I-864 and remits the funds that are required by USCIS to be used for the operation and administration of the U.S. immigration system. The funds from the fees provided to USCIS for processing I-797 and I-864 are not available to USCIS without the consent of USCIS. A request for a Form I-601A is only used when USCIS has a nonimmigrant request. Does the Form I-601A require USCIS to accept or approve non-immigrant visa applications from foreign citizens if the non-citizen is not required to be admitted as a nonimmigrant? USCIS does not have to accept or approve I-797 or I-865, non-immigrant visa applications from non-citizen foreign citizens unless certain conditions apply (such as there are issues with the foreign citizens). There are a number of circumstances in which it may be permissible for a non-citizen of a foreign country to submit only a Form I-601A to USCIS for review and/or approval of a non-immigrant visa request. These conditions are found in the USCIS Publication 25, USCIS Form I-797 Form and Section III. C., Foreign Nationals. The non-immigrant applicant may also choose to submit a Form I-601A together with a Request for an Advance Parole for a Form I-601A. It is important to understand that the USCIS must accept or approve the documents for a non-citizen visa application before granting the visa, thereby making the non-citizen “admissible.” It is not a USCIS policy to reject Forms I-601A submitted on behalf of a non-citizen seeking admission. Where can I find out about non-immigrant visa processing times? USCIS's Form I-601A provides the information about filing of Form I-601A. To learn about other USCIS processing times, visit the USCIS's Visa Processing Times Frequently Asked Questions page (PDF).
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