Waivers of Inadmissibility
Expert Fort Lauderdale Inadmissibility Waiver Lawyer
When a person is not eligible to be admitted into the United States and
receive a visa under the Immigration and Nationality Act (INA), under
certain circumstances, he or she may be able to gain lawful admission
into the United States if they are eligible to file Form I-601, Applications
for Waiver of Ground of Inadmissibility.
Under the Immigration and Nationality Act (INA), Section 212, the general
classes of aliens who are ineligible to receive visas and aliens ineligible
for admission are enumerated. Common grounds for inadmissibility include:
- Health-related grounds (e.g. someone with a physical or mental disorder
that poses a risk to the health and safety of others);
- Crimes of moral turpitude;
- Multiple criminal convictions;
- Drug trafficking;
- Human trafficking;
- Money laundering;
- Engagement in terrorist activities;
- Membership in a totalitarian party;
- Immigration fraud;
- Alien smuggling;
- Certain aliens previously removed; and
- Illegal entry and other immigration violations.
Waivers for immigrant visas are available for certain grounds of inadmissibility
and typically require that the applicant have either a lawful permanent
resident or a spouse or a child who will suffer extreme hardship if the
applicant is not permitted into the United States to help them. Inadmissibility
waivers are available in the Form I-601, Application for Waiver of Ground
In order for the individual to obtain the waiver, the applicant will need
to demonstrate that his or her inadmissibility would cause a qualifying
relative to suffer extreme hardship. Those qualifying relatives must be
the waiver applicant's permanent resident spouse, their parent, or
in some cases their child. It's important to note that the extreme
hardship must be established for the qualifying relative, not the waiver
What supportive evidence do I need?
In order for someone to obtain a waiver, all claims for extreme hardship
on behalf of the qualifying relative must be adequately supported by evidence.
The evidence of extreme hardship, aside from the applicant's explanation,
must include relevant supportive items such as medical or financial reports.
Family separation is not necessarily enough, nor is a financial inconvenience;
therefore, these and other factors shall be considered carefully. Such
factors that will be taken into consideration that as extreme hardship include:
- Health issues - Whether they involve ongoing or specialized treatment,
the availability of such treatment in the applicant's home country,
the duration of the treatment, and whether the condition is long or short-term.
- Financial issues – Decline in the standard of living, future employability,
the termination of professional practice, the costs and care of family
members, the costs of special education, etc.
- Education – The loss of the opportunity of higher education, the
requirement to be educated in a foreign language, etc.
- Personal ties – Separation from spouse or children, the ages of the
involved parties, the length of residence, community ties in the United
States, and close relatives living in the United States.
Special factors may be taken into consideration as well such as cultural,
language, religious or ethnic issues. As well as valid fears of physical
harm, social ostracism, or persecution.
As of June 4, 2012, USCIS implemented a significant change to the filing
process for waiver applicants located outside of the United States. Today,
those seeking to waive an inadmissibility ground should no longer apply
for a waiver at a foreign location, but should instead file a request
directly to the USCIS by mailing the application to a UCSIS Lockbox facility
in the United States.
These changes affect filings for Form 1-601, Application for Waiver of
Grounds of Inadmissibility, Form I-212, Application for Permission to
Reapply for Admission into the United States After Deportation or Removal
(when filed with the Form I-601), and Form I-290B. It is the USCIS that
renders a decision on waiver applications after it considers all hardship
factors set forth by the applicant. Therefore, in order to have the best
chances of having your waiver approved, you should submit the Form-I-601
with as much supporting documentation as possible.
For those individuals who have been removed or
deported from the United States, or who left the United States voluntarily after
their deportation order expired, and who seek readmission, will be required
to file Form I-212, Application for Permission to Reapply for Admission
into the U.S. After Deportation or Removal.
If you have been denied admission into the United States or deported and
wish to return to the United States, we urge you to contact a Fort Lauderdale
immigration attorney from
Guerra Sáenz, PL for legal advice. Having an experienced and qualified attorney by your
side can give you the greatest chances of achieving the outcome you desire
with your waiver application; we are here to guide you every step of the
way and to take the complexity, confusion, and mystery out of the application process.