Understanding U.S.C.I.S. Waivers of Inadmissibility

Qualifying Criteria

Inadmissible immigrants who want to adjust their status and apply for immigrant or nonimmigrant visas can file Form I-601. However, they must have a qualifying relative in the U.S. That is a parent, spouse, or child who is a U.S. citizen or lawful permanent resident. However, K visa applicants only need proof that their petitioner is an American Citizen.

It is beneficial for waiver applicants to provide a few essential things when applying for a waiver to increase their chances of approval. These include:

• Evidence that their qualifying relative will suffer extreme hardship if the applicant is denied admission into the U.S.
• Evidence that expresses why they may qualify for a waiver. This could be evidence of good moral character, community service, family ties and consequences of separation, ongoing treatment in the U.S., and unavailability of such specialized treatment abroad, etc.
• Evidence to support a waiver of inadmissibility for the applicant’s specific grounds of inadmissibility. For instance, suppose you want to apply for lawful permanent residence but are inadmissible due to a physical or mental disorder with associated harmful behavior. You can provide a doctor’s report detailing your present condition and the likelihood it will cause you to exhibit harmful behavior. You can also provide details of the treatment you plan to obtain in the U.S. and how it will prevent you from exhibiting said harmful behavior.