Immigrants & Immigration
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In US immigration law, benefits like permission to enter the United States or receiving permanent residency (a green card) may not be available to someone because of past actions or situations that make them inegible to come into the country (inadmissible).
Reasons for inadmissibility include health, criminal activity, national security, public charge, fraud or misrepresentation, prior removals (deportation), and unlawful (undocumented) presence.
In some cases, it is possible for the government to forgive or overlook some of the reasons for inadmissibility so the person can still receive immigration benefits. This is called a "waiver of inadmissibility." For example, unlawful presence may be waived in cases where there would be extreme hardship to a US citizen or permanent resident spouse or parent.
Some of the reasons that result in inadmissibility cannot be overlooked (waived). This includes controlled substance traffickers, espionage, and terrorism.
If you believe you may be inadmissible and ineligible for immigration benefits, you should gather all documents related to your inadmissibility. Depending on your circumstances, this may include court records, health and medical records, financial documents, or immigration documents.
If your inadmissibility is due to a past immigration violation, it is often useful to submit a Freedom of Information Act (FOIA) request to the government to get a copy of your records. You may also benefit from doing a background check.
Successfully applying for a waiver of inadmissibility typically requires a lot of documentation, significant research, and deep knowledge of immigration law. The government considers waiver applications very carefully and applies a high level of scrutiny.
This type of application is much more complicated than just filling out the required government forms. Help from an experienced immigration lawyer
is generally needed.
USCIS uses Form I-601 and Form I-601A to process waiver requests. The form must be submitted with the required filing fee and evidence that establishes why you may qualify for a waiver and why USCIS should grant the waiver as a matter of discretion.
