Waiver of Inadmissibility
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Form I-601: Applying For a Waiver of Inadmissibility
If you want certain immigration benefits and you have been deemed “inadmissible” by the Immigration and Nationality Act (INA), you may need to file for a waiver of grounds of inadmissibility asking for permission to enter the country.
Don’t file a Form I-601 Application For a Waiver of Grounds of Inadmissibility without consulting with an experienced immigration attorney.
The Law Offices of Erin J. Lee has helped immigration clients from all over the world and have helped countless clients get waivers to be reunited with their family members. If there is a legal way for you to achieve your immigration dream, we will find it.
At our immigration law firm, we recognize that our clients appreciate being informed before their initial consultation.
That’s why we provide comprehensive information on waivers of inadmissibility, so you can be prepared and knowledgeable when you meet with our team. This guide will help you understand the following:
- What is considered grounds of inadmissibility
- How to get a waiver and what the process might be like
- Who might be eligible for a waiver
- How long your waiver should last if it’s approved
If you have any questions about becoming a citizen of the U.S., contact us to talk to one of our experienced immigration lawyers today!
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Grounds of Inadmissibility: Why Some People Are Considered Inadmissible to the United States
There are many different reasons why the United States government might deny someone entry into the country. In fact, immigration law features a whole list of what are called “Grounds of Inadmissibility.” They are detailed in Section 212 of the Immigration and Nationality Act.
These are situations that would normally keep someone from being allowed to enter the country. The United States government does this to protect people already living in the country.
If you are considered inadmissible and you try to enter the country, Customs and Border Protection won’t let you in. Similarly, if you are considered inadmissible and you are applying for a status change or a visa, the USCIS or the U.S. State Department might block your application from getting approved.
Below you can learn more about some of the situations that would normally keep you from getting into the country legally.
It’s important to remember though, that under certain circumstances, your lawyer might be able to get you a waiver of inadmissibility.
Health Related Reasons
You might need a waiver of inadmissibility if you are a health risk to the public. For example, you might get denied if you can’t show that you’ve been vaccinated against certain diseases like mumps, measles, rubella, polio, tetanus and diphtheria, pertussis, hepatitis B, and some others. Other health-related reasons include:
- You have a communicable disease
- You’ve shown behavior associated with a physical or mental disorder that could be seen as threatening
- You are addicted to drugs.
Criminal and Security Related Reasons
If you have a criminal history, pose a risk to national security, have been a smuggler, or are in the United States illegally, you can be denied visas, upgrades of status, and other immigration benefits.
Other Reasons
If you’ve ever been found ineligible for citizenship, deported, or committed immigration fraud, you will be considered inadmissible. Also, USCIS doesn’t typically grant green cards for practicing polygamists or former citizens of the United States who denounced their citizenship to avoid paying taxes, so those are grounds of inadmissibility too. Another reason might be a civil penalty.
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How To Get a Waiver of Inadmissibility
If you need to get a waiver so that you can be let into the country, to adjust your immigration status, or for another reason, you must file an application for a waiver of inadmissibility.
This is done using Form I-601, Application for Waiver of Grounds of Inadmissibility.
If you were removed from the country, you actually need permission to reapply to enter the U.S. – in addition to a waiver of inadmissibility.
It’s possible that you might be allowed to apply for permission to reapply for entry into the U.S. at the same time you apply for your waiver of inadmissibility. Your attorney will look at your individual situation and help you.
If you need permission to reapply for admission, you will also need to file Form I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal.
Along with your Form I-601, you will need to provide more documentation. Your immigration lawyer will help you, but USCIS typically asks for the following:
- Documentation that has anything to do with every exclusion, deportation, or removal proceeding you’ve been involved with
- Proof of your relationship to any relatives that you listed in your application and additional documentation about them
- Evidence regarding your inadmissibility
- Proof of where you live abroad
- Employment evidence from where you currently work abroad
The list of things they may require might feel nearly endless, but with the help of a skilled immigration attorney, you will have better luck sorting through what you will actually need.
Request A Consultation Today To Discuss Your Options!
Figuring Out If You Qualify for a Waiver
Whether you are eligible for a waiver really depends on what immigration benefit you want and the reason for your inadmissibility. There are a variety of combinations that could lead to a successful waiver. Here are some examples of situations in which you might be granted a waiver of inadmissibility.
Immigrant, K Visa, V Visa or Adjustment of Status of Your Green Card
If you are applying for an immigrant visa, K visa, or V nonimmigrant visa and you are outside the United States and were found inadmissible during your interview with a consular officer or if you are applying to adjust your status to a green card, you can apply for a waiver of the following grounds:
- Health-related grounds of inadmissibility
- Certain criminal grounds of inadmissibility
- Immigration fraud and misrepresentation
- Membership in a totalitarian party
- Smuggling
- Being subject to civil penalty
- 3-year bar or 10-year bar from previous unlawful presence in the United States
Temporary Protected Status
If you are an applicant for Temporary Protected Status, you can apply for a waiver for almost all grounds of inadmissibility in INA 212(a).
You Are Applying for an Immigrant Visa or Adjustment of Status Under VAWA
If you need a waiver because you are applying for an immigrant visa or an adjustment of status as a Violence Against Women Act self-petitioner or as the child of a VAWA self-petitioner, you can file for a waiver for following grounds:
- Health-related grounds of inadmissibility
- Certain criminal grounds of inadmissibility
- Immigration fraud and misrepresentation
- Membership in a totalitarian party
- Smuggling
- Being subject to civil penalty
- 3-year bar or 10-year bar from previous unlawful presence in the United States
- Unlawfully present after previous immigration violations
You Are Applying for Adjustment of Status Based on T Nonimmigrant Status
If you need a waiver because you are applying for an adjustment of status based on T nonimmigrant status, you can file for a waiver for most grounds of inadmissibility in INA 212(a).
You Are Applying for Adjustment of Status as an SIJ
If you need a waiver because you are applying of status as a Special Immigrant Juvenile based on your approved Form I-360, you can file for a waiver for most grounds of inadmissibility in INA 212(a).
How Long Is a Waiver of Inadmissibility Valid?
Under most circumstances if your waiver is granted, then it’s valid indefinitely. Even if you aren’t approved for whichever benefit that made you want to get a waiver of inadmissibility in the first place, the waiver can stay valid for other uses.
Some waivers of inadmissibility, though, are either conditional or limited to only certain benefits including waivers granted in connection with the following:
- Convention Adoptee
- K Nonimmigrant Visa Applicant
- Conditional Resident
- TPS Applicant
Let an Experienced Immigration Attorney Help with Your Waiver of Inadmissibility Application
If you want to file an application for a waiver of grounds of inadmissibility, make sure you consult with an experienced immigration attorney. The Law Offices of Erin J. Lee have helped clients around the world. Request a consultation today.
