I-601 Waiver of Grounds of Inadmissibility

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Overview.

  • What is a Waiver of Inadmissibility

  • Am I Eligible for a Waiver.

  • The Process

  • Why Team With Mulder Law to File Your Waiver.

What is a Waiver of Inadmissibility

Section 212 of the INA lists a number of actions or conditions that result in a foreign national being denied admission into the United States. The most common grounds are:

  • Crime-Related – INA 212(a)(2)

  • Security-Related – INA 212(a)(3)

  • Illegal Entrants and Immigration Violators – INA 212(a)(6)

  • Ineligibility for Citizenship – INA 212(a)(8)

  • Aliens Previously Removed – INA 212(a)(9)

  • Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation – INA 212(a)(10)

When a Foreign National is inadmissible s/he may be eligible to file a Waiver. A Successful Waiver forgives the Inadmissibility of the Applicant.

A WAIVER lasts forever for the specific reasons for which it was granted. “A WAIVER will not cover new grounds of inadmissibility or grounds not stated in the application. The Waiver may not be revoked unless is is proven that is was obtained by fraud or deceit.

A WAIVER is a discretionary form of relief. This means the USCIS has discretions whether to grant or deny the waiver. If granted you will receive you LPR status or visa requested. If denied, you will not be granted permission to enter the United States.
A WAIVER is NOT a stand alone benefit. This means that you must have an application for a Visa pending or be defending your lawful status in immigration proceeding.
A WAIVER of inadmissibility most often requires that the applicant applicant have an immediate relative who is a USC or LPR and that qualifying relative will suffer “extreme hardship” if the Applicant is denied the waiver.

Am I Eligible for an I-601 Waiver

To be eligible for a waiver of inadmissibility you must meet the following three general requirements.

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I. A Pending Application

The I-601 is not a stand alone benefit. You must have a pending application for one of the following.

The waiver request may sometimes be filed with the application. Other times the underlying application must be approved before the waiver will be accepted for consideration.

  • Immigrant Visa

  • Adjustment of Status

  • K nonimmigrant visa

  • V nonimmigrant visa

  • Temporary Protected Status

    (TPS)

  • NACARA

  • HRIFA

  • VAWA

  • T nonimmigrant visa status holder filing for adjustment of status who is inadmissible due to a ground that has not already been waived.

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II. Grounds of Inadmissibility that can be Waived

Grounds of Inadmissibility are found at INA 212(a). A waiver is available for the following grounds:

  • Health Related Grounds

  • Certain criminal grounds (INA section 212(a)(2))

  • Immigration fraud and misrepresentation (INA section 212(a)(6)(c))

  • Immigrant membership in totalitarian party (INA sec. 212(a)(3))

  • Alien smuggling (INA sec. 212(a)(6)(E))

  • Being subject to civil penalty (INA sec. 212(a)(6)(F))

  • The 3-year or 10-year bar due to previous unlawful presence in the United States (INA sec. 212(a)(9)(B))

  • An I-601 will not waive an entry into the USA without inspection. You will need an I-601A Waiver. *

  • Depending on the underlying benefit you are seeking; the foregoing may change.

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III. Extreme Hardship to a Qualifying Relative

To qualify for a waiver you must have an immediate relative who will suffer extreme hardship if the waiver is not granted to the applicant. The immediate relative must be a USC of LPR.

There is no clear definition of “extreme hardship” in U.S. law. Instead, USCIS adjudicators will take into account a range of factors in order to decide if extreme hardship exists in each case. In fact, USCIS must take into account all relevant factors in rendering this decision. Relevant factors to consider in determining if a waiver should be granted on the basis of extreme hardship are unique to each individual situation.

For a more thorough discussion on Extreme Hardship; Go to: PROVING EXTREME HARDSHIP.

There are few exceptions to the Extreme Hardship Requirement.


The Process for Filing the I-601

  • Filing the I-601 when you have an Application Pending with the USCIS

    An immigrant who is in the United States and fiing to adjust status through the USCIS, It may not make sense to you that you can be inadmissible. After all, you are already in the U.S.. Doesn’t that mean you have been admitted? The answer is, NO. You may be inadmissible and you may need a WAIVER to be admitted.

    The I-601 can be filed at the same time as the underlying application. Whether the Waiver Application will be considered at the interview for the underlying petition can vary by USCIS Sub Office. The policy may also change when the Administration changes.

  • Filing the I-601 When you have an Application pending at the U.S. Consulate

    A foreign national who seeks to immigrate to the United States may know in advance that s/he is inadmissible.

    When eligible for a waiver to overcome the grounds of inadmissibility the foreign national may have the waiver prepared in advance and ready to file. However the waiver can not be filed until after an initial interview wherein the foreign national is determined inadmissible and advised that a waiver is needed. the waiver can then be filed.

  • Filing the I-601 When you are in Removal Proceedings.

    You may file a I-601 as a Defense to Removal or, if you already filed and the USCIS denied your waiver, you will have an opportunity to present your supporting documentation and witnesses to the judge for consideration. The judge can grant your waiver even if the USCIS denied it.

    The requirements for a WAIVER before the Court are the same as the requirements when the USCIS Adjudications Officer is making the decision:

    • You must have an underlying Application pending.

    • You must - in most cases - have a qualifying immediate relative who will suffer extreme hardship if your waiver is denied.

Why Team with Mulder Law to File Your Waiver?

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Commitment

The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a  purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing. 

  • I will answer or promptly return your phone calls,

  • I will meet with you personally,

  • I will appear personally at your interviews and hearings. 

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Experience

There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.

I have over 37 years experience and focus on immigration cases that require a waiver. I have developed a  skill at identifying purpose, developing a plan, and implementing the plan.

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Passion

I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory.  I will be with you all the way.

If I can not represent you with passion, I will not take you as a client.