WAIVERS
In certain circumstances, an individual may be found inadmissible. However, some inadmissibility grounds may be waived.
I-601 Application for Waiver of Grounds of Inadmissibility:
If you are inadmissible and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form.
I-601A Provisional Unlawful Presence Waiver Application
If you are residing in the U.S. and are either a spouse, child or parent of a USC, you can apply for a provisional waiver before you leave the U.S. for your immigrant visa appointment. This provisional waiver pardons your illegal presence under certain circumstances (no permanent bars).
I-601 Application for Waiver of Grounds of Inadmissibility:
If you are inadmissible and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form.
I-601A Provisional Unlawful Presence Waiver Application
If you are residing in the U.S. and are either a spouse, child or parent of a USC, you can apply for a provisional waiver before you leave the U.S. for your immigrant visa appointment. This provisional waiver pardons your illegal presence under certain circumstances (no permanent bars).
| provisional_waiver_process_chart.pdf |
I-212 Application for Permission to Reapply for Admission
into the United States after Deportation or Removal
Individuals who are have been previously deported, who fail to timely depart after a Voluntary Departure, and who have been expeditedly removed, may file this form. Many times, this waiver must be filed together with I-601 waiver.
Specific time periods barring re-admission:
5 Years
Aliens ordered removed in an expedited removal proceeding
Aliens removed through removal proceedings initiated upon the alien’s arrival in the U.S.
10 Years
Aliens otherwise ordered removed after a removal hearing before an Immigration Judge
Aliens who departed the U.S. while an order of removal was outstanding
20 Years
Aliens ordered removed more than once
Note:
Aliens who have been convicted of an aggravated felony will require an I-212 waiver for life.
into the United States after Deportation or Removal
Individuals who are have been previously deported, who fail to timely depart after a Voluntary Departure, and who have been expeditedly removed, may file this form. Many times, this waiver must be filed together with I-601 waiver.
Specific time periods barring re-admission:
5 Years
Aliens ordered removed in an expedited removal proceeding
Aliens removed through removal proceedings initiated upon the alien’s arrival in the U.S.
10 Years
Aliens otherwise ordered removed after a removal hearing before an Immigration Judge
Aliens who departed the U.S. while an order of removal was outstanding
20 Years
Aliens ordered removed more than once
Note:
Aliens who have been convicted of an aggravated felony will require an I-212 waiver for life.
FACTORS
Waivers of inadmissibility require proof that the applicant's qualifying relative will suffer extreme and unusual hardship. Certain factors have been cited as proving this point:
(1) the age of the alien, both at the time of entry to the United States and at the time of application for suspension of deportation;
(2) the age, number, and immigration status of the alien's children an d their ability to speak the native language and adjust to life in another country;
(3) the health condition of the alien or the alien's child, spouse, or parent and the availability of any required medical treatment in the country to which the alien would be returned;
(4) the alien's ability to obtain employment in the country to which the alien would be returned;
(5) the length of residence in the United States;
(6) the existence of other family members who will be legally residing in the United States;
( 7) the financial impact of the alien's departure;
(8) the impact of a disruption of educational opportunities;
(9) the psychological impact of the alien's deportation or removal;
(10) the current political and economic conditions in the country to which the alien would be returned;
(11) family and other ties to the country to which the alien would be returned;
(12) contributions to and ties to a community in the United States, including the degree of integration into society;
(13) immigration history, inclu ding authorized residence in the United States; and
(14) the availability of other means of adjusting to permanent resident status.
(1) the age of the alien, both at the time of entry to the United States and at the time of application for suspension of deportation;
(2) the age, number, and immigration status of the alien's children an d their ability to speak the native language and adjust to life in another country;
(3) the health condition of the alien or the alien's child, spouse, or parent and the availability of any required medical treatment in the country to which the alien would be returned;
(4) the alien's ability to obtain employment in the country to which the alien would be returned;
(5) the length of residence in the United States;
(6) the existence of other family members who will be legally residing in the United States;
( 7) the financial impact of the alien's departure;
(8) the impact of a disruption of educational opportunities;
(9) the psychological impact of the alien's deportation or removal;
(10) the current political and economic conditions in the country to which the alien would be returned;
(11) family and other ties to the country to which the alien would be returned;
(12) contributions to and ties to a community in the United States, including the degree of integration into society;
(13) immigration history, inclu ding authorized residence in the United States; and
(14) the availability of other means of adjusting to permanent resident status.
Waivers require much evidence, preparation, and knowledge. Many people think that a simple letter will do, but unfortunately, that is not the case. We can help facilitate the process and assist in helping you or your loved one succeed in getting the USCIS to see your circumstances so that they can approve your waiver.