Waiver of inadmissibility

If you are listed as inadmissible in the United States, knowing how to apply for a waiver of inadmissibility could help you re-enter the country.

If you are looking for the best immigration lawyers in New Jersey, you can find them at Curbelo Law. The Latina attorney Carolina T. Curbelo can provide you with legal advice in any immigration procedure. Call today and get a private consultation. 

Everything You Need To Know About How To Apply For a Waiver of inadmissibility To The United States In 2023

A very frequent question in our offices in recent years is “How can I request an immigration waiver?” If you are inadmissible in the United States, through an immigration waiver you will be able to enter the country with a visa or through a Green Card.

Knowing how to apply for an immigration waiver to the United States could help you:

• Perform an adjustment of status in the United States.
• Apply for a consular process.
• Complete all the requirements to legally enter the United States.
• Obtain a cancellation of removal.
• Obtain an immigrant visa.
• To be able to enter the United States again.
• Apply for a Green Card.

These are some of the benefits that you could obtain if you apply for a waiver of inadmissibility. Such cases can be demanding, so it is recommended that you hire an immigration attorney to help you apply for an immigration waiver to the United States.

Generally, the immigration attorney would not only assist you in the documentation process. If you are eligible for an immigrant visa, the lawyer will advise you on the types of U. S. visas that best suit your situation.

What Is An Immigration waiver of inadmissibility?

An immigration waiver consists of a process where a foreigner who has committed an illegal act can be forgiven and made an exception, allowing him to recover certain benefits such as a visa or permanent residence.

Most Common Cases To Request A waiver of inadmissibility

These are some of the most common cases of foreigners when requesting an immigration waiver:

• Having an illegal presence in the US for more than 180 days or after one year if a visa extension was requested.
• Failed on medical exam. 
• An immigration rule was violated such as presenting any type of false documents or working without permission.

Remember to visit our article dedicated to how to get a job in the United States being illegal.

Waiver For Applying For A Non-Immigrant Visa

An alien deemed inadmissible will be denied a nonimmigrant visa and will not be able to apply for any of the following visas:

• Tourist. 
• Student.
• Work. 
• Investment / business.
• Other visas.

By applying for an immigration waiver, the foreigner will be able to recover all the benefits of the visas that were denied. 

In case you are inadmissible, you have two options:

• If you have a valid visa, whether you are an applicant for a U visa (victims of criminal activity) or a T visa (human trafficking) you can apply for an I-192 Application for Advance Permission to Enter as a Nonimmigrant.
  • If you are Canadian, you can also apply for this petition.
• In all other cases, you can request a waiver of inadmissibility without any form, but you must have supporting documentation for when it is requested. 

If you are a minor who has been a victim of injustice or domestic violence, you can apply to obtain a special immigrant juvenile status.

Cases Where It Is Not Possible To Request An Immigration waiver To The United States.

Although requesting a waiver of inadmissibility can help you return to the United States again in the event of deportation, there are certain cases in which you cannot request one. These cases are as follows:

• Having carried out a terrorist act in the United States or belonged to a group for the purpose of terrorism. 
• Carry out espionage or have the intent to carry out an act of espionage in the United States. 
• Trafficking or addiction to narcotics. 
• Carry out or be part of a group dedicated to human trafficking and smuggling.
• Practicing polygamy.
• Participate in an act of genocide.
• Belong to one of the Nazi parties.
• International kidnapping of infants. 
• If you are considered a danger to American security.
• Maintain an illegal presence in the United States in case of having committed an immigration violation. 
• Abusing the F-1 student visa.
• Illegally impersonating an American citizen.

On our website you can find the process to obtain American citizenship in a legal way.

Do Not Commit These Mistakes If You Want To Apply For an Immigration Waiver of inadmissibility To The U. S.

If you have accumulated illegal presence in the US, you will automatically receive a 3 or 10 year unlawful presence bar. You may request a waiver to obtain your legal permanent residence, but for the process to be successful you must avoid committing certain mistakes.

1# Leaving The US When You Shouldn’t

For no reason should you leave the country while your application is in process, you could receive a 3 or 10 year inadmissibility period. These bars usually occur for two reasons:

• You have lived in the US illegally for longer than allowed or for more than 6 months.
• You left the US after living illegally. If you do not leave the country, the inadmissibility period will not be triggered. 

2# Believe That The 3-year and 10-year unlawful presence bars are permanent unlawful presence bars

If you are found to be inadmissible, you can get a 3 to 10 years unlawful presence bar in which you will not be able to return to the United States, but it does not mean that you will never be able to return.

This period without being admitted or paroled is not a permanent ban, you will be able to return to the country once you have completed the bars. Of course, if a permanent unlawful presence bar is filed, you won’t be able to re-enter the US.

If you are in removal proceedings, you can apply for a TPS status in the USA or the NACARA program and thus avoid removal.

3# Failure To Meet Process Requirements

One of the basic requirements to be eligible for a waiver for unlawful presence in the US is to have a qualifying relative. A relative of yours should be the one who will allow you to qualify for this procedure. 

In order for you to qualify for an immigration waiver, you will need one of the following family members:

• Spouse.
• A father that is a US citizen or resident.
• A mother that is a US resident or citizen. 

If you do not have a citizen or lawful permanent resident relative, you will not be able to qualify for an immigration waiver of inadmissibility. You will not be able to qualify for a waiver through the children, only by those named above. 

4# Not Offering Evidence Of Extreme Hardship

Evidence of extreme hardship can help you in situations while requesting a waiver of inadmissibility. However, this evidence must be evidenced by a citizen relative or legal permanent resident and not the immigrant who is requesting the immigration waiver.

The children of US citizens and / or lawful permanent residents will also not be able to show evidence, but they can add additional arguments.

An example is that the spouse suffers from psychological or economic conditions, due to the responsibility of having to take care of their children on their own. 

5# Not Apply For A Provisional Waiver

All those people who are undocumented and have immediate relatives who are United States citizens, may qualify for an I-601A waiver within the United States.

These applicants will have to wait for the waiver to be approved to complete the process and they can leave their country of origin. Once at this point, the applicant will receive a Green Card to legally enter the United States.This process is known as a provisional waiver.

• Immigration processes require the applicant to meet certain criteria. If you live outside the US or do not have family members who are US citizens, you will not be able to apply for a waiver.
• If you do not live in the US or do not have relatives with US citizenship, you can apply for an I-601 waiver.

Types Of Immigration waivers In The United States

There are several types of immigration waivers, but the most common are the following three:

1# I-601 waiver

The I-601 waiver is used for crimes committed inside and outside the US. This waiver can prevent the removal of a spouse, fiancée, or children of US citizens and legal permanent residents.

Our crimmigration section can give you an idea of ​​the concept of criminal defense and immigration in these types of cases. 

2# I-601A waiver

The I-601A waiver is used when a foreigner has entered the country illegally or when they have entered the country with an American visa and has stayed .

This waiver also works for those who wish to marry a person who is not a permanent resident or a US citizen.

Visit our article “Can an undocumented immigrant get married in the US” for further information.

3# I-212 Waiver

The I-212 waiver is used when an alien has been deported from the country and the 3-year waiting rule to return to the US was applied to this waiver, also known as “the deportation waiver.” 

How Is The Immigration waiver of inadmissibility Obtained?

In order for you to obtain immigration waiver, you will first need to know what type of waiver to appeal to: I-601, I-601A or I-212. Once you complete the form according to your case, you will have to follow the following requirements.

Requirements To Request An Immigration waiver of inadmissibility

1. Complete the form and submit it to USCIS. It is recommended that you also fill out Form G-1145 to receive notifications of acceptance on your application.
2. Obtain USCIS approval of your waiver on US grounds.
3. In the case of a form I-601A, leave the country after obtaining your waiver.
4. You will need to schedule an interview with an officer in charge. 
5. If you left the country, it must be with an official at the US embassy or consulate.
6. Wait to get a notification to return to the US again.

Where To File The Application For Immigration waivers In The United States?

The address where you will submit the application for immigration waivers, will depend on what you are requesting. Below we will show you the addresses where to go depending on your case:

If you are a woman seeking an immigrant visa or adjustment of status under VAWA. You will have to submit the form at the following address:

USCIS Vermont Service Center
38 River Road
Essex Junction, VT 05479-0001

We invite you to enter our article dedicated to what the VAWA visa is and how it could help you if you are a victim of battery or extreme cruelty.

If you are looking for an immigrant visa or a non-immigrant visa (K or V) you must submit the form at the following address:

USCIS
Attn: I-601 Foreign Filers
P.O. Box 21600
Phoenix, AZ 85036-1600

If you are an applicant filing Form I-601 with Form I-485, you will need to follow the delivery instructions shown on Form I-485. If the I-485 form is on hold, you will need to check if the form begins with “MSC” or “IOE” and does not have a 3-letter code at the beginning of the receipt number. In this case, you must submit the document at the following address:

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

If you filed Form I-601 but Form I-485 is still pending, you will need to check if the form begins with “EAC”, “LIN”, “SRC” or “WAC” and send the request to the following address:

USCIS
Attn: NFB
P.O. Box 660867
Dallas, TX 75266-0867

We recommend that you complete all sections of the form to file Form I-601:

• Information about you.
• Last name.
• Your postal address.
• Your date of birth. 

You must remember to sign the form, otherwise your application will be rejected.

How Much Does It Cost To Apply For An Immigration waiver of inadmissibility To The United States?

The cost to apply for an immigration waiver depends on which waiver you are requesting. Among the three most common are:

• I-601 waiver costs $ 930 and can take 12 to 16 months.
• I-601A waiver costs $ 715 and can take 6 to 12 months.
• I-212 waiver has a cost of $ 930 and can take 6 months.

You may pay the fee with a money order, a cashier’s check, or a personal check. Additionally:

• You Can pay for the application with a credit card, using Form G-1450, Credit Card Transaction Authorization . 
• If you pay by check, you must make it payable to the “US Department of Homeland Security.”
  • Be aware of the fact that service centers will not be able to process credit card payments.

Who Can request An Immigration waiver?

Although an immigration waiver can be an alternative for anyone who wishes to request an exception for being inadmissible, it is not available to everyone. 

Foreigners who can request a waiver must be relatives of a citizen or permanent resident, including:

• Spouses.
• Unmarried children under 21 years of age.
• Father.
• Mother.

Depending on the type of illegal act committed in the US, they may or may not request a waiver. Although the vast majority of aliens who have stayed for more than 180 days will be able to apply for the I-601A waiver.

Reasons Why A Foreigner May Become Inadmissible In The United States

There are several reasons why it may be inadmissible. Among the most common reasons why you will be considered inadmissible on US grounds are the following:

Criminal reasons

You may be found inadmissible on criminal grounds, including:

• Crimes involving depravity.
• Being convicted by another country of a crime that warrants imprisonment within a range of 15 years.
• Condemned by any court of law.
• Having committed criminal acts that should be punished.

Health-Related Reasons

• You have rejected the vaccines required to enter the country.
• You have mental disorders or a naive behavior.
• Possesses communicable diseases for public health, such as:
  • Tuberculosis.
  • Gonorrhea.
  • Syphilis.
  • Leprosy.
  • Chancroid.
    • If you have any of these conditions, you can get a waiver as long as you petition for it. 

Other Reasons

• Kidnapping someone or due to international kidnapping.
• You remained in custody and decided to travel to the US. 
• You were a former American citizen but resigned to avoid paying taxes.

Immigration Lawyers In New Jersey to help you with a waiver of inadmissibility

If you are looking for the best immigration attorneys in New Jersey, at Curbelo Law you will be able to obtain a 100% confidential, personalized and satisfactory advice.

Our lawyers will be able to help you how to apply for an immigration waiver of inadmissibility to the United States in the correct way without any worry. Call today and get a private consultation.