Waivers of Inadmissibility

The approval of the immigrant visa petition does not guarantee admission as an immigrant to the United States. The intending immigrant may be inadmissible to the United States and, depending on the ground of inadmissibility, may be eligible for a waiver of inadmissibility.

I-601 waivers.

Waive inadmissibility grounds such as immigration fraud, unlawful presence in the United States and certain criminal convictions. The immigrant must prove that his or her “qualifying relative” will suffer extreme hardship if the immigrant is denied the waiver and admission as an immigrant.

I-601A waivers.

(Provisional waivers). These are available spouses or parents of U.S. citizens whose only ground of inadmissibility is unlawful presence in the United States. Rather than departing the U.S. and apply for the waiver once they attend the visa interview at the U.S. consulate, those eligible for the I-601A waiver may apply while still in the United States and then attend the visa interview at the U.S. consulate in their home country.

Filing for a provisional waiver.

The granting of a provisional waiver means that the US CIS has determined that your U.S. citizen spouse or parent will suffer extreme hardship if your are denied an immigrant visa. When you are at the immigrant visa interview in your country, if the Consul determines that another ground of inadmissibility exists, the I-601A waiver will be cancelled and yopu may be eligible to apply for another waiver outside of the U.S. depending on the additional ground of inadmissibility. It is extremely important to determine whether other grounds of inadmissibility exist before you apply for the I-601A waiver.

Other waivers of Inadmissibility

There are other waivers available such as 212(c) waivers for permanent residents with old criminal convictions and 212(h) waiver for spouses of U.S. citizens who are inadmissible due to a criminal conviction.

At the Law Office of Angela Novas McGill, we are dedicated to helping people from all over the U.S. with their immigration needs. Call our Long Beach immigration lawyer today to learn more!