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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, not all hope is lost; you may be able to obtain a waiver of inadmissibility which will allow you to legally reside in the U.S.

Form 601A Provisional Waiver

The 601A process was developed to shorten the time that U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States. Until March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens could not apply for provisional unlawful presence waivers before they leave the United States for their consular interview.The provisional unlawful presence waiver process allows immediate relatives who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview. Because it onlycovers a waiver of inadmissibility for unlawful presence, applicants must make sure that there are no other grounds of inadmissibility before they depart the United States. If there are other grounds of inadmissibility, the applicant who travels for consular processing after the provisional waiver is granted may be separated from his or her family for a long time. Since evidence of criminal past or prior immigration offenses will likely impact your chance of obtaining a visa even if you are granted a provisional waiver, it is imperative to fully disclose and deal with other grounds of admissibility. It is also important to work with an experienced immigration attorney to assist you in this process.

Form I-601 Waiver

One waiver that might be available to you is the Form I-601 Waiver. If you have a relative in the United States who is a 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. Evidence of a criminal past or prior immigration offenses will likely decrease your chances of obtaining a waiver and it is important to fully disclose and explain anything of this nature, should you have the opportunity. An experienced immigration attorney will be able to assist you in this process.

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 Form I-601 Waiver, 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.

If you have been characterized as inadmissible to the United States, you might have the option to pursue a waiver. A seasoned immigration attorney can explain which waivers you qualify for and help you complete and submit a comprehensive application. Contact our immigration attorneys today.

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