Applying for Inadmissibility Waiver

Introduction 

Inadmissibility is a legal condition where the applicant usually faces the issue of not getting permission to enter the United States. However, individuals who are deemed inadmissible can often apply for a waiver to overcome these obstacles. But before that let’s understand what is Inadmissibility?

Inadmissibility refers to the legal grounds on which an individual can be prevented from entering the United States. The Immigration and Nationality Act (INA) outlines several categories of inadmissibility, including health-related grounds, criminal convictions, national security concerns, unlawful presence, fraud or misrepresentation, and previous deportation or removal orders.

Now, if the applicant is trying to obtain a visa adjustment status or enter without obtaining the waiver of inadmissibility, the importance of applying for an inadmissibility waiver becomes clear. Let’s discuss this further.  

Common Grounds for Inadmissibility

Before applying for an inadmissibility waiver, it is crucial to understand the most common grounds for inadmissibility. These include:

1. Health-Related Grounds: Individuals suffering from certain communicable diseases, physical or mental disorders that pose a risk to others, or lacking required vaccinations may be deemed inadmissible.
2. Criminal Grounds: Those convicted of certain crimes, including drug offenses, crimes of moral turpitude, and multiple criminal convictions, may be subjected to inadmissibility.
3. Immigration Violations: Individuals who have previously overstayed a visa, violated the terms of their immigration status, or have been unlawfully present in the US may be considered inadmissible.
4. Fraud and Misrepresentation: If an individual has provided false information or committed fraud to obtain immigration benefits, they may be barred from entering the US.
5. National Security and Terrorism Concerns: Those with ties to terrorist organizations or activities that could endanger the US may face inadmissibility on national security grounds.
6. Public Charge: Applicants who are deemed likely to become a public charge, if it appears to the immigration officer that the applicant after entering the United States will be going to rely heavily on the government benefits such as cash assistance or any kind of long term institutional care then they may be denied entry. 
7. Previous Deportation or Removal: Individuals who have been deported or removed from the US in the past may be inadmissible unless they obtain a waiver.

Types of Inadmissibility Waivers

For those facing inadmissibility, there are several types of waivers available depending on the specific grounds of inadmissibility. Here are the key types of waivers:

1. I-601 Waiver: The I-601, Application for Waiver of Grounds of Inadmissibility, is used to waive several types of inadmissibility, including health-related grounds, criminal convictions, fraud or misrepresentation, and unlawful presence.
2. I-601A Provisional Unlawful Presence Waiver: The I-601A waiver allows individuals who are present in the US unlawfully to apply for a waiver while still in the US This waiver is specific to unlawful presence and is often used by individuals seeking to adjust their status through a family-based visa petition.
3. I-212 Waiver: The I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is used by individuals who have previously been deported or removed from the US This waiver allows the applicant to request permission to reenter the US despite their previous removal.
4. 212(d)(3) Nonimmigrant Waiver: Nonimmigrants who are inadmissible but want to enter the US temporarily (for example, on a tourist visa) can apply for a 212(d)(3) waiver. 

What is the eligibility for an Inadmissibility Waiver?

Eligibility for an inadmissibility waiver in the United States varies based on the grounds of inadmissibility and the specific waiver being requested:

Form I-601: Waiver of Grounds of Inadmissibility

You may file Form I-601 if you are in one of the following situations:

1. Applicants for Immigrant Visas, K or V Visas: If you are outside the US, attended a visa interview with a consular officer, and were found inadmissible, you may be eligible to file.
2. Applicants for Adjustment of Status: Those applying for lawful permanent residency in the US may use Form I-601, though some adjustment categories are excluded.
3. Temporary Protected Status (TPS) Applicants: Individuals applying for TPS may file this waiver form if found inadmissible.
4. Nicaraguan Adjustment and Central American Relief (NACARA) Applicants: This form applies to those seeking relief under NACARA.
5. Violence Against Women Act (VAWA) Self-petitioners: VAWA applicants or their children seeking an immigrant visa or adjustment of status may apply for a waiver using Form I-601.
6. T Nonimmigrant Status Applicants: Human trafficking victims (T visa holders) applying for adjustment of status can file Form I-601 to waive inadmissibility.
7. Special Immigrant Juvenile (SIJ) Applicants: SIJ applicants with an approved Form I-360 may file if found inadmissible.

Form I-601 covers a broad range of inadmissibility grounds and provides a means for individuals to present compelling reasons. To further identify your eligibility, you can go to the USCIS website, wherein in the Inadmissibility waiver you will find who may apply will be found. 

Form I-601A: Provisional Unlawful Presence Waiver

Form I-601A is specifically designed to waive the unlawful presence inadmissibility bar. Unlawful presence refers to the period someone spends in the US without lawful status, which can lead to a 3-year or 10-year re-entry bar, depending on the duration of the overstay. 

You may file Form I-601A if:

1. You are physically present in the US at the time of filing.
2. You are at least 17 years old.
3. You have an immigrant visa case pending with the US Department of State.

The nature of this type of waiver is that the applicant can file this while he or she is still in the United States and has overstayed his welcome. However, it is important to note that Form I-601A only waives unlawful presence and will not cover other grounds of inadmissibility, such as criminal convictions. 

What are the Key Differences Between Form I-601 and Form I-601A?

• Form I-601 addresses grounds of inadmissibility, including health, criminal history, and immigration fraud, while Form I-601A focuses only on unlawful presence.
• Form I-601 can be filed from outside or inside the US, depending on the case, while Form I-601A must be filed from within the US.
• Form I-601A is provisional, aiming to reduce family separation by allowing applicants to secure a waiver before leaving the US.

How to Apply for an Inadmissibility Waiver?

To apply for an inadmissibility waiver, it’s crucial to complete the application correctly and submit all required documents.

1. The first step involves identifying and determining the type of waiver you require. For example, you need to identify the reason for your inadmissibility and then, therefore, apply for the waiver.
2. Once you have successfully determined the correct waiver then you’re supposed to fill the appropriate application.
3. Once your application is filled you’re supposed to gather your documentation supporting and demonstrating your eligibility for the waiver.
4. Most inadmissibility waivers require a filing fee, which must be paid when applying. 
5. Once you have completed the application form and gathered the necessary documentation, you will need to submit your application to US Citizenship and Immigration Services (USCIS). 
6. In some cases, USCIS may require the applicant to attend an interview to discuss the waiver application.
7. After submitting your waiver application, you will need to wait for a decision from USCIS. If your waiver is approved, you will be allowed to proceed with your visa or immigration application.

Conclusion

Being told you’re inadmissible can be overwhelming, but it doesn’t have to be the end of your journey. In many situations, you can apply for a waiver to overcome issues like health concerns, past convictions, or unlawful presence.

At FileRight, we’re here to make this process easier for you. We’ll guide you every step of the way, making sure your waiver application is clear, thorough, and has the best chance of success. You’re not alone—let us help you move forward.