What grounds of inadmissibility can be waived?

Waivers of Certain Criminal Grounds of Inadmissibility

Section 212(h) of the I.N.A. identifies certain criminal grounds that allow for a waiver application. These include crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana.

Do you need a waiver of Inadmissibility?

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.

What are the two most common grounds of Inadmissibility?

Grounds of removal from the United States are divided into two different categories under the U.S. Immigration and Nationality Act (“INA”): (1) Grounds of Inadmissibility under § 212(a); and (2) Grounds of Deportation under § 237(a)(1)(A).

What are grounds of Inadmissibility?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

What percentage of I-601 waivers are approved?

The 84% approval rate combined with the very dangerous conditions in Mexico right now, especially for "Nortenos" who are subject to a high risk of kidnappings for ransom, makes the I-601A worth pursuing when there is sufficient evidence that the qualifying relative will suffer extreme hardship.

What grounds of inadmissibility can be waived by a US Waiver of Inadmissibility?

Can a waiver get denied?

The provisional stateside waiver offers many benefits, but many people will still be denied.

How do I prove extreme hardship for a waiver?

A waiver applicant needs to show extreme hardship to only one qualifying relative. Or the applicant can show hardship to multiple family members that would not qualify as extreme as to any one of them, but which, when considered in the aggregate, add up to extreme hardship. There is no hard and fast rule.

How long does a waiver of inadmissibility take?

In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes 4 to 6 months to process an I-601A waiver application.

How many grounds of inadmissibility are there?

Section 212(a) contains ten general categories of inadmissibility grounds: health-related grounds; criminal and related grounds; security and related grounds; public charge proscription; labor certification requirements and qualifications for certain immigrants; illegal entrants and immigration violators proscription; ...

How can inadmissibility be overcome due to misrepresentation?

What is I-601 waiver of inadmissibility?

An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from ...

Is overstaying a visa a ground of inadmissibility?

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can apply for and be granted another visa, or even a U.S. green card (lawful permanent residence) if you meet the eligibility requirements for one.

How can I get I-601 waiver?

Who is eligible for a waiver of inadmissibility?

Like unlawful presence waivers, you need to have a U.S. citizen or lawful permanent resident spouse, fiancé, or parent in order to qualify for this application. You are also required to show that this qualifying relative will suffer extreme hardship if you are denied admission.

What crimes make you inadmissible to USA?

How can the US overcome inadmissibility?

For some grounds of inadmissibility, it is possible for you to obtain a waiver of that inadmissibility. If you have been designated as inadmissible, reach out to an immigration attorney for more information about obtaining an immigration waiver and to schedule a consultation.

What is the difference between grounds of inadmissibility and grounds of deportability?

While a set of deportation grounds exists to remove noncitizens who were legally “admitted” to the United States, a separate set of inadmissibility grounds exists to remove noncitizens who are seeking admission to the United States or entered the United States without having been “admitted.” While there are some ...

What happens if you are found inadmissible?

Applicants who are found to be inadmissible will, unless they fall under an exception or successfully apply for a waiver (legal forgiveness), not be allowed any sort of visa, green card, or U.S. entry. Exceptions do exist, however, and not every type of applicant is subject to every ground of inadmissibility.

Can you adjust status if you are inadmissible?

Admissible to the United States. An adjustment of status applicant must be admissible to the United States. An applicant who is inadmissible may apply for a waiver of the ground of inadmissibility, if a waiver is available, or another form of relief.

What is a hardship waiver?

What Is an Extreme Hardship Waiver? An extreme hardship waiver means that someone asks the U.S. government to approve an immigrant visa or green card application despite the person having been determined inadmissible to the U.S. and therefore ineligible for a visa.

Who is qualifying relative for 601 waiver?

To be eligible for an I-601 waiver, you must prove that your qualifying U.S. citizen or legal permanent resident relative will suffer extreme hardship due to your absence. A qualifying relative, under most types of I-601 waivers, is a spouse, parent, or child.

How do I ask for forgiveness from Immigration?

How to Prepare Form I-192. You are asking the U.S. to forgive something that would otherwise bar you from entry. Your Form I-192 should give compelling reasons, backed by strong evidence, so as to convince U.S. immigration officials to grant you such a waiver.

What counts as extreme hardship?

Extreme hardship has been defined to mean hardship that is greater than what your relative would experience under normal circumstances if you were not allowed to come to or stay in the United States. There has to be something extra at play.

What do I write in a hardship letter for immigration?

Explain how well you know the individual in question, tell the recipient of the letter of their positive impact on your life, and request the entry or the cancellation of removal. Refer to the documentation that backs up your hardship clarifications and attach it as proof of hardship.

How do I write an immigration waiver letter?