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Waivers of Inadmissibility

You have gone through the lengthy and time consuming process of attempting to immigrate to the United States but, despite your best efforts, you receive notice that you are “inadmissible”. Fortunately, all hope is not lost; you may be able to obtain a waiver of inadmissibility which will allow you to legally reside in the U.S.

Form I-601A Waiver

One waiver that might be available to you is the Form I-601A Waiver. You may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility, before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview. If you have a spouse or parent in the United States who is a United States citizen or lawful permanent resident, and this person would suffer extreme hardship should you be found inadmissible or removed from the country, you might qualify for this waiver. There is no clear definition of extreme hardship and therefore immigration authorities make the determination to grant this type of waiver on a case-by-case basis. The ability to obtain this waiver depends upon the U.S. Immigration authority making the decision and your specific situation. It is therefore important to file a complete application and to paint a clear picture of the extreme hardship that your relative would suffer should you be forced to leave the country. An experienced immigration attorney will be able to assist you in this process.

Form I-601 Waiver

You may be eligible to waive certain grounds of inadmissibility including unlawful presence, criminal convictions, and fraud by filing an I-601 waiver. To waive certain crimes, you must establish either: 1) at least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission will not be contrary to the national welfare, safety, or security of the United States; or 2) your qualifying United States citizen or lawful permanent resident spouse, parent, or child would suffer extreme hardship if you were denied admission. To waive fraud, you must establish your qualifying United States citizen or lawful permanent resident spouse, or parent, would suffer extreme hardship if you were denied admission.

Form I-212 Waiver

Another waiver that you may be eligible for is the Form I-212 Waiver. Immigrants who have been deported or removed from the United States are automatically considered inadmissible for a certain amount of time, and they may be subjected to a ban from entering the country for a number of years or permanently. If you have find yourself in this situation, you may be able to file a new application for entry after being granted consent to reapply under this type of waiver. Similar to the I-601 and I-61A Waivers, immigration authorities have wide discretion in these cases and take a number of considerations into account. Things like a prior criminal record could negatively affect your application but must be disclosed.

A seasoned immigration attorney can explain which waivers you qualify for and help you complete and submit a comprehensive application. Contact our office today.



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