Waiver of Inadmissibility

Application for Waiver of Grounds of Inadmissibility

There are numerous instances when a waiver can be the answer to your situation, including criminal charge, deportation and visa fraud. Filing a waiver quickly and correctly could be the difference between deportation and your American dream.

Why Hire Our Firm to Handle Your Immigration Waiver Case?

At Lewis Law our attorney uses their vast experience of handling waiver cases while staying abreast of all new developments in the constantly changing field of immigration law to ensure that our clients get the best legal counsel available, we handle I-601, I-212, I-601A waivers under Sections 237(a)(1)(H) as well as 212(d)(3), if you are eligible for a waiver call 954-530-1717 to discuss your case.

I-601 Waiver of Inadmissibility

An individual 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 an I-601 application to seek a waiver of certain grounds of inadmissibility. The standard to get an I-601 waiver approved is extreme hardship to your qualifying relative. To prove “extreme hardship,” you must show that your family member is going to suffer more than the normal difficulties that come from being separated from a loved one if deported. The “hardship” only counts towards the Qualifying Relative. The normal experiences of financial difficulties or the challenge of moving to another country are usually not enough by themselves to establish “extreme hardship.” You need to show hardship to your relative if you remain separated and hardship to your relative if he or she is forced to relocate to joins you in your country. Here are examples of some circumstances that, by themselves or when combined can can help to show extreme hardship:

  • Your qualifying relative has a serious medical or psychological condition, or disability that cannot be properly treated in your home country, and this relative cannot live in the U.S. without you.
  • Your qualifying relative cares for someone in the U.S. who is elderly or has a serious medical condition and that person cannot function without your relative’s care in the U.S.
  • Your qualifying relative has many close family members in the U.S., and he or she only has a few or no family relationships in your home country.
  • Your country is experiencing active war or political turmoil that makes it very dangerous for your relative to move there.
  • Your qualifying relative is the primary caregiver to children in the U.S. from a different partner, and the children’s other parent will not allow them to move to your country.
  • Your qualifying relative would have no job opportunities in your country because she/he has a profession or license that is very specific to the U.S. (such as a lawyer or doctor).
  • Your qualifying relative’s children would be very harmed by the poor public health and public education systems in your country.
  • Your qualifying relative’s access to medicine.

Common Grounds of Inadmissibility

  1. Health-related grounds of inadmissibility (INA 212(a)(1)
  2. Certain criminal grounds of inadmissibility (INA section 212(a)(2)
  3. Immigration fraud and misrepresentation (INA section 212(a)(6)(c)
  4. Immigrant membership in totalitarian party (INA section 212(a)(3)
  5. Alien smuggler (INA section212(a)(6)(E)
  6. Being subject to civil penalty (INA section 212(a)(6)(F)
  7. The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B).

If your I-601/I-601A waiver is approved the waiver is valid indefinitely, even if you do not obtain your immigrant visa, or immigrant admission, or adjustment of status, or if you lose your legal permanent resident (LPR) status.

Call us today at (954) 530-1717 for all your immigration needs.

Are You Inadmissible Due to Fraud or Misrepresentation?

Immigration fraud or misrepresentation carries a lifetime bar to adjusting to permanent residence or lawfully gaining admission to the U.S. To qualify for the I-601 waiver of Immigration fraud or misrepresentation and be excused from the lifetime bar under section 212(a)(6)(C)(i), you must show that your: An intended immigrant who is the spouse, son or daughter of a U.S. citizen or permanent resident (or the fiance(e) of a U.S. citizen K-visa petitioner) who will suffer extreme hardship if you are not admitted to the U.S. The qualifying relative for an I-601 fraud waiver does not cover parents of a U.S. citizen or permanent resident.

I-601A Application for Provisional Unlawful Presence Waiver

Immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may request a provisional waiver of the unlawful presence grounds of inadmissibility, before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview. Immigrant visa applicants who are immediate relatives that is a (spouses, children and parents) of U.S. citizens can apply for a provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.

Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.

I-212 Permission to Reapply for Admission into the United States After Deportation or Removal

What can I do to come back early after deportation?

Section 212(a)(9)(A)(i) and (ii) of the Immigration and National Act, as added by IIRAIRA Section 301, provides that foreign nationals who have been ordered removed may not be readmitted to the United States until they have stayed outside the U.S. for a specified period of time:

  • Your qualifying relative has a serious medical or psychological condition, or disability that cannot be properly treated in your home country, and this relative cannot live in the U.S. without you.
  • Your qualifying relative cares for someone in the U.S. who is elderly or has a serious medical condition and that person cannot function without your relative’s care in the U.S.
  • Your qualifying relative has many close family members in the U.S., and he or she only has a few or no family relationships in your home country.
  • 5 years for individuals removed through summary exclusion or through removal proceedings initiated upon the person’s arrival in the U.S.
  • 10 years for those otherwise ordered removed after a deportation hearing or who departed the United States while an order of removal was outstanding.
  • 20 years for a second or subsequent removal.

If you are inadmissible under the Immigration and Nationality Act (INA) section 212(a)(9)(A) or (C), you must ask for consent to reapply for admission to the United States before you can lawfully return to the United States. In order to get an I-212 waiver approved, USCIS exercises its discretion. The following may be considered positive factors in granting permission for early re-entry:

  • The basis for deportation
  • Recency of Deportation
  • The basis for deportation
  • Length of Residency in the US
  • Moral Character of the Applicant
  • Respect for the Law of the U.S.
  • Evidence of Reformation and Rehabilitation
  • Family Responsibility of Applicant
  • Inadmissibility to U.S. under other sections of law
  • Hardship involved to Applicant and other
  • Need for Service

If you were charged with an aggravated felony, if you were convicted of an aggravated felony, you are inadmissible forever and must obtain a I-212 waiver even if you were not removed because of the aggravated felony conviction or were convicted of the aggravated felony after being removed from the United States.

The I-212 waiver allows foreign nationals who wish to return to the U.S. prior to meeting the required amount of time outside the U.S. to file an application for permission to reapply pursuant to INA Section 212(a)(A)(iii).

Getting Help

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain non-immigrant statuses, or certain other immigration benefits, you must seek a waiver of certain grounds of inadmissibility.