Waiver of Inadmissibility

waiver-of-inadmissibility

In order to enter the United States, persons who are not US citizens, including immigrant visa or Green Card holders, they must be admissible in order to obtain the entry permit to the North American territory.

In the event that these individuals are found inadmissible, the U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), or the Department of State (DOS) have the full right not to approve the visa or entry application.

When this happens, the person will be informed about the reasons that qualify it as inadmissible. This being the case, a waiver of inadmissibility may be requested, if the reasons for considering the case show that there are links to the US and that its entry will bring some benefit.

Below we explain what the waiver of inadmissibility is about and if it’s your case or that of one of your family members, this information will help you have a clearer idea about what you can do about it.

What is the Waiver of Inadmissibility?

It’s a type of waiver, also known as the “I-601 waiver,” which allows immigrants to avoid deportation or a ban on entering or re-entering the United States, as the case may be.

To be able to resort to this pardon, the person must prove that the deportation or prohibition to enter the country is the cause of an “extreme hardship” for a child, spouse or relative who is a legal permanent resident or a US citizen.

What is considered inadmissible?

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Under Immigration Law, when a person is to be deported or barred from entering the United States, they are considered “inadmissible,” meaning they aren’t eligible for adjustment of status or to apply for a visa.

What situations make a person inadmissible?

In the United States, there are various grounds of inadmissibility, including:

  • Having an illegal presence in the US.
  • Have committed fraud or immigration violations.
  • Criminal record (inside or outside the US).
  • Being considered a threat to the security of the country.
  • Being a carrier of communicable diseases or not having the required vaccines.

Are there any grounds for inadmissibility that cannot be changed by waiver?

Yes, the Waiver of Inadmissibility doesn’t contemplate the reasons related to terrorism or that threaten the security of the country.

What is considered extreme hardship?

The law doesn’t specifically define the term “extreme hardship”, for that reason, the USCIS has the power to decide what is considered extreme hardship.

Some situations that can be considered extremely difficult are the following:

  • The immigrant’s US relative has a serious medical condition and is unable to travel or move abroad and needs the immigrant’s help, requiring the immigrant to remain in the US.
  • The immigrant’s country is going through a war situation or a serious political upheaval.
  • The immigrant’s country has an extremely poor economy.
  • The immigrant’s US relative would not be able to pay their debts if they move abroad.
  • Parents aging of the US

Who is eligible for the Waiver of Inadmissibility?

Persons of foreign nationality who aren’t admissible, can request the I-601 exemption to enter the United States, if they have at least one relative who is qualified, through whom they can make their claim of exemption.

How is the process to request the Waiver of Inadmissibility?

The I-601 waiver application process is an extremely complex process, due to the high level of scrutiny to which these applications are subjected by immigration officials. It’s a time-consuming process, requires a lot of documentation, and also involves a high emotional burden for the applicant.

It takes between 12 months or more to have a decision about it, without taking into account that delays may be generated and new evidence or documents may be required that delay the process even more.

What factors can favor the foreigner in their application for Waiver of Inadmissibility?

There are factors that can positively favor the foreigner who requests the Waiver of Inadmissibility, some of which are having good moral character, providing service to the community and any other action that benefits third parties.

It’s important to note that all these factors must be supported by documented evidence, which certifies and attests to their authenticity.

How long is the Waiver of Inadmissibility valid?

Generally, when an I-601 waiver is granted on grounds of inadmissibility, it does not expire. It’s important to note that the approved exemptions are only valid for the reasons of inadmissibility that are contemplated in the exemption request.

If you incurred in any other crime or incident that is not covered in your application, it will not be covered by the exemption.

What happens if the I-601 waiver is denied?

If a waiver request is denied, you have 30 days to appeal the decision. If this appeal is also denied, the only alternative that exists is to go to Federal Court, but this involves a considerable cost of time and money.

 

The Waiver of Inadmissibility is usually one of the most complicated aspects of the Immigration Law of the United States, that is why if you or a family member have been considered as inadmissible, it’s best to turn to an experienced immigration attorney, to that you can have the best strategy for your defense.

At Tramites de Inmigracion USA Corp, we have a highly qualified legal team specialized in Immigration Law, who will advise you on the best way to present your case and how to collect the documents and evidence you need.

The process is long, expensive and complicated, so having the guidance of immigration experts will save you many complications and headaches.

Don’t wait any longer to contact us! The slightest mistake can cancel your request!

Contact us at 1 (786) 776-7152 or 1 (786)786-5088. Call now!

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