Many people wish to immigrate to the United States. Sometimes, however, there are reasons that someone might not qualify for admission to the U.S. When that happens to you it can be very discouraging, but some options might be available. There are various types of waivers and one of them may apply to your situation.
A waiver can give you permission to enter or stay in the United States, even if you have some reason that might not allow you to do so. If you are deemed inadmissible because you overstayed your visa, committed fraud, or have a conviction for certain criminal behaviors, you might still be able to be admitted to the country if you obtain a waiver. A waiver is a way to override inadmissibility. Every situation is different and has unique circumstances. It can be helpful to talk to a knowledgeable immigration attorney to discuss your options.
Waiver of Inadmissibility (I-601)
An individual who is ineligible to be admitted to the U.S. as an immigrant or to adjust status in the U.S., and certain nonimmigrant applicants who are inadmissible, may file the I-601 application to seek a waiver of certain grounds of inadmissibility. Whether you are eligible for a waiver depends on the immigration benefit you are seeking and the reason for your inadmissibility. In addition, most basis to seek the waiver requires that you establish a relationship with a U.S. citizen or lawful permanent resident qualifying relative and that they would experience extreme hardship if you were denied admission.
Unlawful Presence Waiver (I-601A)
Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility, before departing the U.S. to appear at a U.S. Embassy or Consulate for an immigrant visa interview. Those who have been present in the United States unlawfully will be restricted from returning with a visa. This is known as unlawful presence. A 3-year bar will prevent someone from returning within three years of departure if they were unlawfully present in the U.S. for more than 180 days but less than a year. A 10-year bar is applicable to individuals who were unlawfully present for a year or more. A waiver would allow someone to apply for reentry before the expiration of the ban. An I-601A waiver is utilized for a spouse or parents of a lawful permanent resident or U.S. citizen when there would be a serious hardship caused by inadmissibility.
Besides unlawful presence, these are some of the basis for a possible finding of inadmissibility requiring a waiver:
Criminal Convictions
Certain criminal convictions could cause you to become ineligible for a green card or admission to the United States. Even convictions for minor offenses could make one inadmissible, as well as convictions that were otherwise expunged. A waiver may be available for crimes of moral turpitude, multiple criminal convictions, prostitution, and minor drug convictions under some circumstances.
Misrepresentation or Fraud
A person may be deemed inadmissible because they misrepresented or committed fraud in regard to obtaining or attempting to obtain a visa, other documentation, admission into the U.S., or any other immigration benefit. . In general, it means that you provided false information in an attempt to deceive or misrepresent your immigration application. You will want to prove that you did not commit fraud or that the misrepresentation was not willful, intentional, or material. If you are inadmissible because of misrepresentation or fraud you might still be able to obtain a waiver.
Other Waivers
Waivers may also be available for health-related grounds, immigrant membership in a totalitarian party, and alien smuggling.
What You Need to Know About Immigration Waivers
Immigration waivers are exceptions to the standard immigration rules. Therefore, waivers are not always granted. The USCIS will review your waiver application and scrutinize the reasons put forth. It is important to know that not every request for a waiver is granted. It is best to review the specific requirements for a waiver before you put in a request. You will need to have strong reasons and proof as to why the USCIS should grant you an exception in your case.
An experienced immigration attorney will help evaluate your situation and assist you in requesting a waiver that will be helpful. To learn more about immigration waivers, contact us today at The Law Office of Mariana Toledo-Hermina, LLC at (805) 761-7536.