Waiver of Inadmissibility
Any person who seeks entry into the United States or who would like to become a legal resident of the United States must be admissible to (allowed to enter into) the United States.
Some foreign citizens who are not eligible to immigrate to the United States because they are “inadmissible” can request a Waiver of Inadmissibility (ask for forgiveness) of inadmissibility. If the waiver is granted, the person can enter and/or remain in the United States and apply for adjustment of status if they are already here.
Granting a Waiver of Inadmissibility
Granting a Waiver of Inadmissibility or not is dependent on a number factors and, in most cases, requires the individual to have a qualifying relative who is a U.S. citizen or Lawful Permanent Resident.
Also, different grounds of inadmissibility have different waiver requirements. It is important to make sure the basic criteria to submit an application are met including thorough documentation.
The Law Offices of Murad & Murad will evaluate your case and determine if you require and qualify for a waiver of a ground(s) of inadmissibility. We can walk you through the Waiver of Inadmissibility application process and help you gather supporting documentation to prepare and file the application with the U.S. government.
601A Waiver – Application for Provisional Unlawful Presence Waiver
(Applicant is Inside the U.S.)
“Extreme Hardship” is used to apply for a 601A Waiver. The “Extreme Hardship” Waiver of Inadmissibility has very particular qualifications: The applicant must establish proof that his or her deportation or removal would result in extreme hardship to a close relative like parent, spouse, son, or daughter who is a United States citizen or a Green Card holder.
601 Waiver – Application for Waiver of Grounds of Inadmissibility
(Applicant is Outside the U.S)
A person who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this application to seek a waiver of certain grounds of inadmissibility.
Reasons for Inadmissibility
An individual may be declared inadmissible to the United States for various reasons, including:
Unlawful Presence in the United States
- A person who has been unlawfully present in the United States for more than 180 days but less than one year is inadmissible for three years.
- A person unlawfully present for one year or more is inadmissible for ten years. This bar is commonly referred to as the 3/10-year bar. Sometimes, this waiver may be applied for before applying for residence by applying for a provisional waiver.
- Illegal entry, illegal immigration, and overstaying the period of stay authorized in the visa count as a status violation in the immigration laws and accrue unlawful presence.
Fraud or Misrepresentation
- A person who has fraudulently or wilfully misrepresented a material fact in order to obtain an immigration benefit.
- A person who commits two or more offenses for which the aggregate sentences to confinement were more than 5 years is inadmissible.
Four basic medical conditions may make an applicant inadmissible on health-related grounds:
- Communicable disease of public health significance,
- a failure to show proof of required vaccinations,
- physical or mental disorder with associated harmful behavior,
- and drug abuse or addiction.
Likely to Become a Public Charge
- A person who is considered primarily dependent on the government in the future.
- A person who was removed through summary exclusion proceedings or through removal proceedings initiated upon the person’s arrival in the United States is inadmissible for five years.
Inadmissibility on Moral Grounds
- A person who has committed a crime of moral turpitude.
Security and Related Grounds
- A person who has committed espionage, sabotage, or prohibited export of sensitive technology, or sensitive information.
Other Miscellaneous Grounds
- A person who has committed international child abduction, practicing polygamy, falsely claiming citizenship.
Applying for waivers of grounds of inadmissibility is a complex process. It is critical that the application has supporting documentation that supports the claim for being granted a waiver.
The Law Offices of Murad & Murad will evaluate your case carefully to determine if you require and qualify for a waiver of a ground(s) of inadmissibility. We can walk you through the process of applying for waivers and help you gather supporting documentation to prepare and file the application with the U.S. government.