A waiver of grounds of inadmissibility allows U.S. entry to anyone who would otherwise not be allowed to enter. Being inadmissible prevents you from entering the U.S. at all, even if you have a sponsor. With form I-601, you can apply for a waiver to USCIS.
To work towards the best application, meet with an immigration attorney. You will need to make a good case that proves you deserve the waiver. An immigration attorney can help you work towards getting the results you want.
Forms
Form I-601 (Application for Waiver of Grounds of Inadmissibility)
Form I-912 (if you cannot afford fees)
Fees
Form I-601 – $585
When you know that you are inadmissible, you can submit an I-601. You can file the I-601 along with supporting evidence to become a permanent resident.
If you would like to stay in the United States while you apply for the waiver, you could file provisionally. In this case, you could file for a provisional waiver with USCIS. This is best for those who are unlawful in their presence in the U.S. but do not want to leave to get processed. If you leave the country, you will likely be away for several months while your case is processing, and you run the risk that you will not be let back in if your waiver is denied.
Along with the proper paperwork, you must qualify under one of the following:
The U.S. may find that you are inadmissible due to reasons found in Section 212 of the Immigration and Nationality Act (I.N.A.). Some of these reasons include (click on tabs below to learn more):
Anyone who could have a contagious disease, a mental or physical disorder, or lacks the needed immunizations. Also, anyone who has abused drugs will not be allowed.
Exceptions include:
Anyone younger than 10 years of age.
Crimes that are in violation of moral turpitude. Moral turpitude translates as the moral standards of the U.S. These acts include, but are not limited to:
Exceptions include:
Anyone who committed the crime under the age of 18; if the crime was committed more than 5 years before visa application; if their imprisonment did not exceed 1 year, and if their prison sentence did not exceed 6 months.
This includes anyone that seeks to spy on or sabotage any person, place, or thing in the United States. Also, anyone who could be accused of terrorist activities, or could cause conflict to U.S. foreign policy. They cannot have had membership in a totalitarian party, recruited child soldiers, or participated in any Nazi activity.
Exceptions include:
Conduct related to personal beliefs. This could be ruled on a case by case basis depending on the charge. No family will be held responsible for anything done by those who engaged in the risks to U.S. security.
This prevents the United States from taking on any burden of resources.
Exceptions include:
Individual cases where the applicant’s age, health, finances, education, or personal assets are considered. Also, anyone who has applied via VAWA, has applied or has been granted non-immigrant status, or qualifies as a spouse or child.
Immigrants who want to work in the United States will not receive the waiver if they apply. Any medical professionals who got their certification in a country besides the U.S. will not be accepted.
Exceptions include:
If the Secretary of Labor has ruled that there are not enough workers in a select field. If the select field needs employees, immigrants may be accepted. Any professional athletes or long delayed adjustment applicants will be allowed in.
Any medical professionals willing to retest under U.S. medical standards could be accepted.
This includes immigrants who are considered as failing to enter through a legal port of entry or without authorization. They could qualify as stowaways, smugglers, or abusers of a student visa. Those who have either misrepresented their immigration status or failed to attend any removal proceedings also fall into this category.
Exceptions include:
Any petitioner via VAWA or if the immigrant is escaping parental or spousal abuse. Also, if the immigrant has permanently lived in the U.S. before the age of 16. Anyone that petitions for asylum or qualifies as a victim of abuse can be allowed in
This includes, but is not limited to, failure to provide the following:
Exceptions include:
Any applicants under the Visa Waiver Program or the Guam and Northern Mariana Islands Visa Waiver.
Anyone who has been denied citizenship or has evaded the U.S. draft in the past and would like to return will not be allowed to enter.
There are no exceptions.
This includes:
The San Antonio immigration attorneys at Salmón-Haas can help. They have helped many immigrants with their waivers. Together, they can work with you to help get the best results possible. Contact Salmón-Haas for a free consultation.
