I-601 Waiver of Inadmissibility Attorneys
Your admissibility status is essential to your success when applying for residency in the U.S. The U.S. government may rule individuals as inadmissible for various reasons. If this happens to you, hope is not lost. You can apply for a waiver of inadmissibility to bypass the roadblock so you can reunite with family or loved ones.
At Consumer Law Group, our experienced immigration attorneys have over 30 decades of combined experience helping clients nationwide obtain waivers that allow them to obtain legal residency in the United States. Our Illinois-based team includes Spanish and English-speaking attorneys to provide the best possible representation. We also conduct all our consultations virtually and use paperless online forms for your convenience.
Why Are People Declared Inadmissible To Immigration To The United States?
There are a variety of reasons why one might be considered inadmissible to the U.S. Common reasons for being declared inadmissible include :
- Prior convictions for certain crimes
- Prior deportations from the U.S.
- Diagnosis of a communicable disease or lack of vaccinations
- History of drug abuse
- Associations with terrorist organizations
For a full list containing the different grounds for inadmissibility, take a look at Section 212 of the Immigration and Nationality Act (INA).
What Does Waivers Of Grounds Of Inadmissibility Mean?
If you are deemed inadmissible to the U.S. and are seeking adjustment of status or other immigration benefits, then you must file a waiver of grounds of inadmissibility, or Form I-601, to have the grounds for your inadmissibility waived or forgiven.
What Are Common Types Of Immigration Waivers Of Admissibility?
When an individual is excluded from applying for a visa due to certain circumstances, a waiver can help them legally enter the United States to work or reunite with family. The type of waiver you need depends on the issue in your case.
Some common waivers include:
- Waiver of unlawful presence
- Waiver after prior removal
- Waiver of crimes of moral turpitude
- Waiver for crimes more than 15 years old
- Waiver of possession of marijuana
- General waivers for nonimmigrants
One of the most common waivers our attorneys can help you with is a waiver of unlawful presence, which applies to individuals who were in the country in unlawful status for more than 180 days or more than one year. To qualify for this waiver, you must prove that you are the spouse or parent of a U.S. citizen or lawful permanent resident and that a denial would cause them severe hardship.
Who Is Eligible For A Waiver?
There are numerous types of waivers you can apply for, but it is important that you apply for the correct one. Each waiver has its own approval requirements.
Individuals who are inadmissible due to a variety of reasons may apply for a waiver, including waivers for:
- Health-related grounds
- Certain criminal grounds
- Immigration fraud and misrepresentation
- Membership in a totalitarian party
- Being subject to civil penalty
- Unlawful presence in the U.S.
Our attorneys will review your case and help you determine your eligibility for a waiver of inadmissibility. Working with us can save you valuable time as you figure out your next steps.
When you attempt to immigrate to the U.S., the government will require you to submit to a medical examination and produce your vaccination record. If you are determined to have a “communicable disease of public health significance” such as mumps, polio, or hepatitis B, to name a few, you may be considered inadmissible on health-related grounds. Additionally, if you haven not received required vaccinations, you may be prevented from entering the U.S.
If you have been convicted of certain crimes in the past, this may be grounds for inadmissibility. For example, convictions for murder, human trafficking, drug possession and trafficking, prostitution, and other crimes “involving moral turpitude” can make you inadmissible to the U.S. In most cases, you will have to file a waiver for criminal grounds of inadmissibility in order to be allowed back into the U.S.
Once you have been deported, it can be a long and difficult process to be readmitted to the U.S. Previous deportations can make you inadmissible to the U.S. for a number of years or, in some cases, even permanently.
How To Apply For A Waiver
You must submit a waiver request using Form I-601, a 12-page document that will ask for your grounds for inadmissibility among other personal information. This form can be filed with an adjustment of status if you are within the U.S., or through a consular process if outside the U.S. You can either fill out a waiver of inadmissibility online and submit it electronically or print it out and provide your responses in black ink. to U.S. Citizenship and Immigration Services.
If you have immediate family members who are U.S. citizens, you can use Form I-106A. This can reduce the total amount of time you have to spend abroad while awaiting a decision from USCIS. But keep in mind that a I-601A Waiver can be filed if your only grounds for inadmissibility is unlawful presence in the U.S. Your request must include evidence and details explaining your circumstances and why USCIS should grant a waiver. While you can submit the forms online or by mail on your own, working with an experienced waivers of inadmissibility attorney can increase your chances of success by eliminating mistakes or missed details on your application.
Pending a decision on your application for waiver of grounds of inadmissibility, or Form I-601, you will have to remain abroad. If you stay in the U.S. after being ordered to leave, this is known as unlawful presence, an offense which can be punished with a 3- or 10-year ban from entering the U.S.
How Can Waivers Help You Come To The U.S. After You Were Denied Entry?
A waiver of inadmissibility asks the United States to forgive your grounds of inadmissibility and grant your immigration request. It provides a second chance after a denial based on your eligibility. In many situations, a waiver of inadmissibility is the only option to enter the U.S.
How Long Does A Waiver Of Inadmissibility Take?
It can take 6-12 months for U.S. Citizenship and Immigration Services to hand down a decision regarding your waiver of inadmissibility.
What Percentage Of I-601 Waivers Are Approved?
I-601 Waivers generally have a high success rate, but approval depends on a variety of factors, such as the reason you’re applying and the grounds on which you’ve been deemed inadmissible.
If I Am Ineligible To Enter The U.S., How Do I Apply For A Waiver Of Inadmissibility?
If you are outside the U.S. and unable to enter, you can apply for a waiver of inadmissibility through a consular process with the U.S Embassy. You can also download and file Form I-601 online.
Which Green Card Inadmissibility Grounds Cannot Be Waived?
There are a number of different offenses that may prevent you from filing a waiver of inadmissibility in the first place. For instance, inadmissibility grounds cannot be waived if:
- You have been convicted of murder or torture
- You have a history of drug abuse or addiction
- You were unlawfully present in the U.S. for more than one year or attempted to reenter illegally after being ordered removed
- You have participated in human trafficking
- You are suspected of entering the U.S. to commit espionage or sabotage
- You belong to a terrorist organization
- You were involved in political or extrajudicial killings
These are just some of the inadmissibility grounds that cannot be waived. For a comprehensive list, contact a qualified immigration law attorney.
How Much Do Immigration Attorneys Charge For An I-601 Waiver Application?
The filing fee for Form I-601 is currently $930. In addition to this cost, an immigration attorney will charge based on the amount of time and effort it takes to fill out your application. Contact Consumer Law Group today to receive a legal consultation and quote specific to your situation.
Which Crimes Can Be Waived To Get A U.S. Visa Or Green Card?
Some of the crimes that can be forgiven with a waiver of inadmissibility include:
- Select crimes of moral turpitude
- Some minor drug offenses
- Multiple criminal convictions for which the aggregate prison sentences added up to at least five years
If you committed any of these crimes, you may be able to get a waiver of inadmissibility approved under certain conditions. Consult with a qualified immigration attorney for more information.
What Is A U.S. Visa Waiver?
The Visa Waiver Program (VWP) is a program sponsored by the U.S. federal government that allows citizens or nationals from participating countries to come to the United States for business or tourism for 90 days or less without a visa. To be eligible, travelers must meet certain requirements and have a valid Electronic System for Travel Authorization (ESTA) approval before traveling.
Don’t Miss Your Chance To Apply For A Waiver
Obtaining a waiver of inadmissibility can be a complicated process. Your best chance of success is working with an attorney with the experience necessary to help you meet your goals. Contact us today to schedule a consultation and get started on your case by calling 312-766-7777 or completing our online contact form.