If you wish to immigrate to the United States, there are several challenges you may face, such as being deemed inadmissible to the United States. If this happens, the only option you have is to get a waiver of inadmissibility as a way of waving inadmissibility so you can come to the United States. There are different types of waivers you can file for that are meant for different situations and have different requirements. Keep reading to find out what the common reasons for being deemed inadmissible to the United States are and how to get a waiver of inadmissibility.
Common Reasons for Being Deemed Inadmissible
Although it is not extremely common to be deemed as inadmissible to the United States, it does happen. Because of this, it can be helpful to understand why this may occur, as this will ultimately impact whether or not you can get a waiver of inadmissibility.
Here are the most common reasons why you may be labeled as inadmissible when you are trying to immigrate to the United States:
- Criminal history: Certain types of criminal convictions can lead to you being deemed inadmissible, although this is not always the case. The most common convictions where this may happen usually involve moral turpitude, fraud, or drug offenses.
- Unlawful presence: If you are living in the U.S. illegally, this is considered to be an unlawful presence and can result in you being deemed inadmissible. Not only that, but this can also result in a three or 10-year ban from being able to re-enter the U.S.
- Health issues: Another thing that can result in inadmissibility to the United States is certain communicable diseases that pose a risk to others or serious health conditions.
- Fraud: The USCIS can also deem you to be inadmissible to the United States if you commit fraud or misrepresentation when trying to immigrate. This can happen if you have intentionally provided false information or fraudulent documentation to immigration authorities.
What Is a Waiver of Inadmissibility?
If you are notified that you have been found to be inadmissible to the United States, this can be devastating news. However, there are ways around this if you are able to request a waiver of inadmissibility. If granted, this waives your inadmissibility to the United States, allowing you to continue with your immigration plans.
There are two main types of waivers you can apply for, which include their own requirements and will apply to specific situations.
I-601 Waiver
Form I-601 is a waiver that can waive inadmissibility so that you can continue to immigrate to the United States. However, this form only applies to certain situations, such as:
- You are an applicant for a K, V, or immigrant visa, you’re living outside the U.S., and you were found inadmissible during your interview.
- You are an applicant for adjustment of status to lawful permanent resident.
- You are an applicant for adjustment of status as a special immigrant juvenile.
- You are an adjustment of status or immigrant visa applicant as a VAWA self-petitioner.
- You are an adjustment of status or immigrant visa applicant as a child of a VAWA self-petitioner.
- You are applying for adjustment of status under Nicaraguan Adjustment and Central American Relief.
- You are an applicant of TPS or temporary protected status.
- You are an adjustment of status applicant that is based on T non-immigrant status.
You can request form I-601 by mail or online once a consular official has said that you are eligible for a waiver of inadmissibility. If denied, you can also move forward with appealing the decision.
I-601A Waiver
The other type of waiver of inadmissibility that you can request is form I-601A waiver. It is used specifically to waive the period of time that you are banned from re-entering the U.S. if you are deemed inadmissible due to unlawful presence.
You should qualify for form I-601A if:
- You are at least 17 years old at the time you file.
- You have an immigrant visa case pending.
- You are physically present in the U.S.
Something to keep in mind about this waiver is that it is a standalone immigration waiver application, so it cannot be filed with any other requests, petitions, or applications. You will need to be very careful when filling out this form as the instructions are very detailed and it must be filled out correctly. A biometrics appointment at a USCIS facility is required for all form I- 601A applicants.
One of the most important components of being approved for this type of waiver of inadmissibility is proving that your U.S. relative would experience extreme hardship if you were not allowed into the U.S. How you go about doing this will depend on your situation as you will need to provide extensive proof.
Requesting a Waiver of Inadmissibility
The process of filing for both types of waivers of inadmissibility is quite similar, including the documentation you will need to provide. Here is the basic documentation you will need:
- Personal statement
- Proof of relationship to qualifying relative
- Completed waiver of inadmissibility form
- Two passport-style photographs
- Copy of government-issued photo ID
- Filing fee payment
- Copy of marriage certificate, if applicable
- Proof of qualifying relative’s status
Keep in mind that there is some additional documentation required for each type of request, depending on your situation. An immigration waiver lawyer can help you locate the documentation you need as well as ensure you fill out the form correctly.
Hire an Immigration Attorney Today
Do you want to apply for a USCIS inadmissibility waiver so that you can immigrate to the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
Can I apply for a waiver from outside the U.S.?
Yes, form I-601 is a waiver of inadmissibility that you can file if you are outside the United States.
What qualifies as “extreme hardship”?
Some examples of extreme hardship include U.S. relatives who require medical care, are financially dependent, or have significant financial debt.
