A Guide to U.S.C.I.S. Waivers of Inadmissibility

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What Is a Waiver of Inadmissibility?

While citizens of the U.S. cannot be denied admission into the country, not all aliens have the right to enter or remain in the country. Aliens that fall into categories specified in section 212 (a) of the Immigration and Nationality Act (I.N.A.) are inadmissible from entering the country. The implication is that their application will be denied if they apply for a visa or green card. Furthermore, they may be deported if they are already in the country.

However, the law allows certain inadmissible individuals to enjoy immigration benefits by applying for a waiver of inadmissibility. By submitting a waiver application to U.S.C.I.S., the alien can demonstrate their eligibility for admission into the United States despite their inadmissibility status.

How to File for an Inadmissibility Waiver?

A waiver of inadmissibility, if approved, allows the U.S. immigration authorities to ignore your grounds of inadmissibility and grant you immigration benefits regardless. To apply for a waiver, you must file Form I-601, Application for Waiver of Grounds of Inadmissibility, with the United States Citizenship and Immigration Services (U.S.C.I.S). The option of filing this form is only available to specific individuals who are inadmissible.

For instance, if you are applying for a visa or green card, you must file Form I-601 if any of the following applies to your case:

You have committed an act that makes you inadmissible under the Immigration and Nationality Act;
You have previously been unlawfully present in the U.S.;
You are applying for a visa or green card while in the U.S.;
You have been deported and want to re-enter the United States; or
You are applying for nonimmigrant status, such as a student or tourist visa.

In some instances, you may be eligible to file for a waiver of inadmissibility under the Visa Waiver Program. Under this program, specific individuals can enter and remain in the U.S. for a limited timeframe without obtaining a visa.

Who Qualifies for a Waiver of Inadmissibility?

People who are inadmissible on the following grounds can apply for a waiver:

Health-related grounds(Section 212(a)(1) of the I.N.A.)
Immigration fraud and misrepresentation (Section 212(a)(6)(c) of the I.N.A.)
Certain criminal grounds (Section 212(a)(2) of the I.N.A.)
Membership in a totalitarian party (Section 212(a)(3) of the I.N.A.)
Being subject to civil penalty (Section 212(a)(6)(F) of the I.N.A.)
Smuggling (Section 212(a)(6)(E) of the I.N.A.)
People facing a three or 10-year bar due to unlawful presence in the U.S. previously (Section 212(a)(9)(B) of the I.N.A.)

Certain inadmissible immigrant visa applicants already unlawfully present in the U.S. can apply for a provisional waiver of inadmissibility for unlawful presence. However, such individuals must file Form I-601A, Application for Provisional Unlawful Presence Waiver, not Form I-601.

What Is the Process to Apply for a Waiver 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.

It is a good idea to consult an experienced immigration lawyer to know which evidence to provide. The U.S.C.I.S. has the liberty to decide whether the evidence is sufficient for a waiver.

For immigrants who are inadmissible due to unlawful presence, you cannot file form I-601A if you are already subject to a final order of removal or deportation. However, you may be able to appeal your deportation order with the help of a skilled deportation defense lawyer.

Application Process

Download Form I-601 from the U.S.C.I.S. website and fill it out completely.
Gather all supporting documents or evidence as advised by your lawyer and package them with the form.
Remember to pay your filing fee. Certain immigrants who are not able to afford the fee may apply for a waiver.
You can also fill out Form G-1145 to get a notification when the U.S.C.I.S. accepts your application.
Send your form and other relevant documents to the appropriate mailing address specified on the U.S.C.I.S. website.
Wait for a notice of biometric services appointment (the U.S.C.I.S. may only require this for some applicants).
Attend your appointment and wait for a response to your application.

I-601 Instructions

Below are some general instructions for filling out Form I-601:

Fill out the form in black ink legibly.
Make sure to sign the form.
Do not provide or attach original documents unless specifically requested.
Complete all sections of the form. Write “N/A” in sections that do not apply to you and “none” where the answer is zero or none.
If you are filling out the form in another language apart from English, provide an official translation with a certification from the translator declaring it accurate and confirming that they are qualified to provide the translation.

I-601 Approval Rate and Processing Time

There is no fixed processing time for Form I-601. It varies depending on many factors, including the location where your application is processed. It could be less than a year for some, but it typically takes a year, sometimes two or more, to get a decision from the U.S.C.I.S. On the other hand, form I-601A typically takes less than a year to process.

Furthermore, according to statistics from the U.S.C.I.S., the average approval rates for Form I-601 and Form I-601A were 79.6% and 70.2%, respectively, from the fiscal year 2010 to 2015.

Is It Hard to Get a U.S. Entry Waiver?

Getting a waiver of inadmissibility requires careful consideration and preparation. Getting an I-601 or I-601A waiver may not be easy, but with the proper guidance from an immigration attorney, you can increase your chances of success.

By providing the required evidence and following the instructions for filing your application, you can boost your chances of getting approval. Also, understanding what factors may affect your eligibility and how to prepare a strong case is critical to getting an entry waiver.

If you are facing inadmissibility issues and would like to apply for a waiver, please get in touch with an experienced immigration lawyer for assistance. An attorney can provide individualized advice and guide you through the application process.

With the right support, you may be able to get your waiver granted and come one step closer to achieving your immigration goals.

Hiring an Immigration Lawyer

The U.S.C.I.S. scrutinizes inadmissibility waiver applications to the maximum. The implication is that if your application is expertly crafted by someone who understands immigration laws well, you have a higher chance of being accepted. An experienced and knowledgeable immigration attorney is in a uniquely qualified position to help you with these issues.

They can help you appeal a decision rejecting your waiver, defend you during deportation proceedings, and help you with your waiver application so your chances of approval are significantly higher. If you need a competent immigration attorney in Texas to help you with any of these issues, contact Andrew T. Thomas, Attorneys at Law, for a free consultation today!