Who qualifies for a waiver of inadmissibility?

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

What grounds of inadmissibility can be waived?

Waivers of Certain Criminal Grounds of Inadmissibility

These include crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana. Waivers are not allowed for murder, torture, aggravated felonies or for violations of any other law regarding controlled substances.

Who qualifies for 601A waiver?

Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a ...

What are four different categories of inadmissibility that an applicant can apply to waive?

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.

Nonimmigrant Waiver of Inadmissibility will be needed if you are banned for some reason from U.S.

Can a waiver get denied?

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

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.

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 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).

Who qualifies for a 212 h waiver?

The INA § 212(h) waiver is available to three categories of aliens: (1) those applying for an immigrant visa abroad through consular processing; (2) those arriving at a designated U.S. port of entry who are applying for admission with an immigrant visa; and (3) those physically present within the United States who are ...

What is the difference between 601 and 601A?

The biggest difference between the two forms is the reason for inadmissibility. Form I-601A is specifically designed for the ban while Form I-601 is for most other grounds of inadmissibility, including health reasons, criminal history or intent, poverty, lack of labor certification, and more.

Can I apply for a US waiver myself?

While it is possible to apply for a US Entry Waiver yourself by completing Form I-192 which allows inadmissible non-immigrant aliens to request permission for temporary admittance to the United States, it is important to realize that it is a highly complex legal process that can easily overwhelm someone without ...

Who needs an immigration waiver?

A person who is subject to the three- or ten-year bar due to their unlawful presence in the United States is required to get the bar “waived,” or forgiven, by filing a waiver application.

How can the U.S. 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 a waiver of eligibility?

The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility.

What is considered 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 is the difference between inadmissibility and deportability?

“Deportability” refers to the power of INS to expel an alien from the United States, whereas “inadmissibility” refers to the power INS from entering the United States, whether through consular processing or adjustment of status.

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.

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.

What is an inadmissible alien?

(A) Aliens present without admission or parole. (i) In general. An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

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.

Can a permanent resident be inadmissible?

Applicants for lawful permanent resident must either be admissible or qualify for a waiver of inadmissibility, if one applies to them. By Ilona Bray, J.D.

What is the difference between i-212 and i 601?

What Is the Difference Between the I-212 and I-601a? The I-212 and I-601 waiver applications are both required in many circumstances. Where the I-212 requests permission to apply to return to the U.S., the I-601 is actually the application to return.

What happens after the I 601 waiver is approved?

What Happens After I 601 Is Approved? Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate.

How much is the immigration waiver fee?

$930. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.