What Are Immigration Waivers?
Securing a visa into the United States comes with certain requirements that must be met. So, if you fall under one of the grounds of inadmissibility, you cannot gain entry into the U.S. However, all hope is not lost. There’s a solution that can help you escape this situation, and gain entry into the U.S. If you fall under one or more grounds of inadmissibility, you can apply for immigration waivers.
To be specific, what you need is Form I-601 (Application for waiver of grounds of inadmissibility).
A waiver is like a forgiveness application. Think of yourself standing at the gate of a football stadium. You have a ticket, but you’ve been banned from entering and your ticket is not honored. What do you do? Find out whether the ban can be lifted! In other words, see if whatever caused your ticket to be banned can be forgiven.
So the first step to solve a problem is knowing exactly what you’re dealing with. You must first find out whether or not you fall under one or more grounds of inadmissibility. Not every ground of inadmissibility is waivable! And just because you qualify for a waiver doesn’t mean you can get it.
So, you could find sources and information on the USCIS website to help you assess yourself. Moreover, the U.S. consular office will inform if you fall under one or more grounds of inadmissibility.
So, no matter what, you will know if you’re inadmissible or not.
Grounds Of Inadmissibility
Section 212 of the Immigration & Nationality Act (INA) has a comprehensive listing of all the grounds of inadmissibility into the United States. These grounds include but are not limited to:
- Criminal history
- Visa abuse history,
- Affiliation to terrorism and persecution
- Previously removed aliens
- Unlawful presence
- History of immigration violation
- False claim of citizenship
- Grievous health challenge and communicable disease of public health significance
- Trafficking etc.
If you want to be admissible into the U.S., you have to ensure that you’re spotless. Entry into the U.S. is a critical matter that is duly scrutinized to avoid admitting criminal and unwholesome elements.
However, if you happen to fall under one or more grounds of inadmissibility, you can refer to the INA. Specifically, section 212 subsections “d”, “g”, “h”, and “i”, to see what waivers are applicable to your case.
Who is Eligible for Immigration Waivers?
There are different categories of people who qualify for immigration waivers. They include:
- Persons who fall under one or more grounds of inadmissibility according to section 212 of the INA.
- Applicants for Temporary Protected Status (TPS) can file the immigration waiver Form I-601 to gain TPS status.
- VAWA (Violence Against Women Act) self-petitioners can file Form I-601 to waive certain grounds of inadmissibility. Children of VAWA self-petitioners may also file this form.
- Certain T visa (for trafficking victims) and Special Immigrant Juvenile (SIJ) applicants can also file for waivers of inadmissibility on Form I-601.
Note: Although you may be eligible for a waiver, the DHS weighs three factors before granting a waiver. These factors are:
- The importance of your entry into the US
- Risks to the society and US (if any), attached to your presence
- The gravity of previous misconducts (if any)
Get It Right At Once! Contact Us!
Securing immigration waivers is a sensitive ordeal. You cannot afford to make mistakes! Errors will yield rejection and a total repeat of the application process.
Trying to do it yourself is not the right choice. There will be errors, so get professional help!