The Waiver of Inadmissibility Application Process

By now you’ve realized that in order to lawfully enter the United States, or for that matter remain in America, you must follow the relevant immigration process. Whether it’s applying for a visa, Green Card or a change of immigration status, not everyone who applies will be approved. There are a number of reasons why an individual may be deemed inadmissible to enter the United States. However, depending on the reason for the denial of admission, there may be other options available that you should discuss with your immigration attorney. One of these options is the Application for Waiver on Grounds of Inadmissibility. At Saland Law, we can help you through this complicated and often stressful process to best.

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Individuals can be denied approval for entry into the United States for a variety of reasons. They primarily revolve around individuals who have the potential to cause harm to the United States and its residents. If during the immigration or entry process an individual is deemed to be “inadmissible,” they will be denied entry or removed from the United States. Common grounds for inadmissibility include:

• Certain criminal convictions
• Specific health problems
• Determination that the individual is connected to terrorism or organized crime
• Prior immigration related violations
• Likely to require need-based government assistance from the government

Some of the reasons for inadmissibility can be waived, but not all of them.

The specific waiver application process will depend on the individual seeking waiver and the reasons for the waiver. For example, certain individuals who entered the United States before January 1, 1982 or worked as agricultural workers will use Form I-690, Application for Waiver of Grounds of Inadmissibility. For refugees seeking a waiver, they may need to use Form I-602, Application by Refugee for Waiver of Grounds of Excludability. However, the more common waiver application process involves Form I-601, Application for Waiver of Grounds of Inadmissibility.

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The first step in applying for a waiver using Form I-601 is to determine if the reason for inadmissibility can be waived. This is something that you should immediately discuss with your immigration attorney to ascertain whether or not you should pursue a waiver. If the United States believes the reason for inadmissibility is severe enough, a waiver is not going to be possible. In order to figure this out, you are strongly advised to obtain the services of an immigration attorney. Generally speaking, however, if an applicant is considered any of the following, they will not be granted a waiver:

• Murderer
• War criminal
• Drug trafficker
• Terrorist
• Nazi
• Human trafficker

The second step will deal with whether the applicant falls into one of the waiver eligibility categories:

• Adjustment of status (including Nicaraguan Adjustment and Central American Relief Act 202, Haitian Refugee Immigration Fairness Act 902, Violence Against Women Act, T nonimmigrant status and Special Immigrant Juvenile status)
• Immigrant visa
• Nonimmigrant visa (K or V)
• Temporary Protected Status (TPS)

Assuming an applicant qualifies in one of these categories, an examination is needed to determine the merits of the waiver. The basis for granting a waiver can vary widely, and might include foreign policy considerations, the interest of national security, extremely unusual hardship, humanitarian purposes, to ensure family unity or when granting a waiver is in the public interest.

The reasons for granting a waiver are discretionary, which means the official reviewing your application will have some leeway in whether to grant the waiver. As a result, presenting the most persuasive and sympathetic case possible is extremely important. This means the more evidence you’re able to provide to support your case, the better your chances of having the waiver granted.

In addition to the application itself, applicants will need to include a filing fee and supporting documentation. Other applicants may have to include a biometric services fee and copies of foreign language documents translated into English.

Also, depending on the applicant, an interview and fingerprints may be requested. The purpose of the fingerprinting is to conduct a criminal history background check.

Once the application is complete, it will be sent to the applicable US Citizenship and Immigration Services office, immigration court or US consular office. The exact filing location will depend on the applicant and the type of immigration process they are using, such as applying for an immigrant visa or obtaining an adjustment of status.

A waiver of inadmissibility may be the remedy you need to solve your immigration problems when trying to secure legal status in the United States. Yes, you could attempt to pursue a waiver on your own, but should you fail because you were no prepared or applied improperly, you will have a long time to look in the mirror and see eye to eye with the person that failed you. No, hiring a knowledgeable and experienced immigration attorneys will not guarantee you a waiver, but retaining Saland Law will best move the process in the right direction in a professional, reliable and diligent manner to secure your waiver and the status you need to remain in the United States.

Call the New York immigration lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.