What is a Waiver of Inadmissibility?

Understanding the Waiver of Inadmissibility  

A Waiver of Inadmissibility is a legal tool that allows certain foreign nationals who are deemed inadmissible to the United States to obtain permission to enter or remain in the country. Inadmissibility grounds are outlined in Section 212(a) of the Immigration and Nationality Act (INA) and include health-related issues, criminal convictions, immigration fraud, and unlawful presence, among others. These grounds can prevent individuals from obtaining visas or green cards or can lead to deportation if they are already in the U.S.

How To Apply

To apply for a Waiver of Inadmissibility, one must file Form I-601, Application for Waiver of Grounds of Inadmissibility, with the United States Citizenship and Immigration Services (USCIS). Eligibility criteria for a waiver depend on the specific grounds of inadmissibility. For instance, applicants must demonstrate that their U.S. citizen or lawful permanent resident spouse, parent, or child would suffer extreme hardship if the waiver is not granted. Additionally, evidence such as medical records, financial statements, and affidavits from family members can strengthen the application.

There are various types of waivers available, depending on the grounds of inadmissibility. Some common types include:

1. Health-Related Grounds: For individuals with certain communicable diseases or mental health conditions.
2. Criminal Grounds: For those with specific criminal convictions.
3. Immigration Fraud and Misrepresentation: For individuals who have previously misrepresented material facts to obtain an immigration benefit.
4. Unlawful Presence: For those who have accrued unlawful presence in the U.S. and face a three- or ten-year bar from re-entering the country.

The application process involves several steps:

1. Download and Complete Form I-601: Available on the USCIS website, this form must be filled out with all required information.
2. Gather Supporting Documents: Evidence to support the waiver application, such as proof of extreme hardship, medical records, and character references.
3. Pay the Filing Fee: A fee is required to process the application, though fee waivers are available for those who qualify.
4. Submit the Application: Send the completed form and supporting documents to the appropriate USCIS address.
5. Attend Biometrics Appointment: Some applicants may be required to attend a biometric services appointment.
6. Wait for a Decision: Processing times can vary, and it may take several months, or even more than a year, receive a decision.

It's important to differentiate between waivers of inadmissibility and waivers of deportability. While both serve to overcome barriers to remaining in the U.S., waivers of inadmissibility pertain to those seeking entry or adjustment of status, whereas waivers of deportability apply to individuals already in the U.S. facing removal proceedings.

Common Misconceptions

Common misconceptions about waivers include the belief that they are easy to obtain or that any reason for inadmissibility can be waived. In reality, waivers require substantial evidence and legal justification. Additionally, not all grounds of inadmissibility are waivable, and some individuals may face significant hurdles in meeting the eligibility criteria.

Contact Us For Guidance

At Green Evans-Schroeder, we are committed to guiding our clients through this intricate process with compassion and insight. If you or a loved one faces inadmissibility issues, consult with an experienced immigration attorney to explore your options and navigate the path toward achieving your immigration goals.