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Waivers of Inadmissibility (601A, I-601, and I-212)

It can be stressful and frustrating to follow the steps of applying for a visa to the United States and be told that you are inadmissible. Thankfully, you can still apply for a waiver of inadmissibility in most cases.

A waiver of inadmissibility is official forgiveness granted by the U.S. government, permitting an individual to enter or stay in the country despite factors that would typically make them ineligible.

Inadmissibility refers to the legal grounds that can prevent a foreign national from obtaining a visa, entering the country, or adjusting their status to that of a lawful permanent resident (getting a green card).

The waiver of inadmissibility then acts as an exemption or pardon for specific grounds of inadmissibility, offering a pathway for individuals to enter or remain in the United States.

Various Grounds of Inadmissibility

Individuals looking to enter or remain in the United States can be denied on various conditions. The Immigration and Nationality Act (INA) covers a wide range of circumstances that immigration officials will evaluate to determine if an individual is eligible to enter or remain in the U.S.

These grounds include but are not limited to:

  1. Offenses ranging from misdemeanors to felonies can be grounds for inadmissibility to the U.S. Such as moral turpitude, drug-related offenses, and multiple criminal convictions.
  2. Communicable diseases like tuberculosis or HIV, etc., can also be grounds for inadmissibility due to the risk they pose to the general public. Failure to undergo medical examinations or vaccinations may also be a trigger.
  3. Fraudulent activities or information falsification during the immigration process can lead to inadmissibility.
  4. Individuals who overstay their authorized period of stay or enter the U.S. without proper documentation may also be inadmissible.
  5. National security or terrorist concerns
  6. Record of previous deportation or removal from the United States.

Types of Waivers of Inadmissibility (601A, I-601, and I-212)

Various grounds may lead to an individual’s inadmissibility into the United States. Also, different waivers could pardon inadmissibility in some cases. A quick WhatsApp chat with our immigration attorneys can help you start the process of initial consultation.

Form 601A Provisional Waiver of Inadmissibility for Unlawful Presence

The 601A Waiver is for spouses, parents, and children of U.S. citizens or legal permanent residents who are inadmissible because of unlawful presence in the U.S. This could mean the person entered the U.S. without inspection. Or, it could mean the person stayed longer in the U.S. than their visa allowed.

The benefit of a 601A Waiver is you can apply for the waiver in the U.S. before leaving for your home country to be interviewed for an immigrant visa. This benefit shortens the time that you will spend away from loved ones.

The 601A Waiver only covers inadmissibility because of unlawful presence. If there are other reasons you are inadmissible, like criminal convictions, you must work out those issues also. If not, you could be separated for a long time from your loved ones even if you are eventually given a 601A Waiver.

Form I-601 Waiver of Inadmissibility for Extreme Hardship to Family Members

The I-601 Waiver is for situations where a family member would experience extreme hardship if you are not allowed to live in the U.S. legally. The family member must be a citizen or permanent resident.

There is no clear definition of extreme hardship, so the decision is made on a case-by-case basis. To increase your chances of being approved, you should be as clear and detailed as you can about the hardship your family member would experience.

You should also be honest about any criminal convictions or past immigration offenses. If you don’t explain criminal convictions or immigration offenses your chances of being approved for this waiver may decrease. You should address these issues when you apply for a waiver because it may be the only opportunity you’ll have.

Form I-212 Waiver of Inadmissibility for Prior Deportation

The I-212 Waiver is for people who have been deported from the U.S. and are inadmissible for a certain amount of time, maybe even permanently. An I-212 Waiver allows you to apply for an immigrant or non-immigrant visa.

I-212 Waivers are given on a case-by-case basis, just like the I-601 Waiver. It’s important to address any criminal record in your waiver application so you have the opportunity to explain it. Since there are no specific rules about who is given a waiver, it’s important to provide all of the information you can.

Need professional guidance on any of the waiver options? Schedule an appointment with our immigration attorneys today.

How to Apply for Waivers of Inadmissibility

The application process for waivers of inadmissibility involves several key steps, each requiring careful attention and adherence to specific requirements. Here is a guide on how to apply for a waiver of inadmissibility:

  1. Determine if the applicant is eligible for a waiver. Be it 601A for unlawful presence, I-601 for extreme hardship to family members, or I-212 for prior deportation.
  2. Gather all relevant documents to support your case. The documents should prove the extreme hardship associated with the denial of admissibility. It could include personal statements, affidavits, evidence of familial ties, financial records, etc.
  3. Complete the necessary forms for the type of waiver you are applying for. Forms like the I-601 for general waivers, the I-601A for provisional waivers, and the I-212 for permission to reapply after removal.
  4. Pay fees associated with the waiver being applied for. Note that the fees may vary, depending on factors like the type of waiver and circumstances particular to the applicant.
  5. Submit the application to the U.S. Citizenship and Immigration Services (USCIS).
  6. Applicants may be required to attend a biometrics appointment for background check purposes.
  7. USCIS may also schedule an interview with the applicant to check eligibility, verify and get more information.
  8. Wait for a decision from USCIS.

Contact CFUIS – Waiver of Inadmissibility (601A, I-601, and I-212) Attorney

To navigate the waiver application process successfully, it is crucial to understand the requirements of each type of waiver, submit the right documents while applying, and present a compelling case. Seeking legal advice or assistance may enhance the chances of a successful outcome.

Our attorneys can tell you which waiver is best for you and help you complete the application so your chances of being approved are higher. Call us today at 813-298-7222, email us, chat with us on Whatsapp, fill out our contact form, or schedule an appointment.