In the United States, certain immigration laws may render individuals inadmissible, meaning they are not permitted to enter or remain in the country. However, there are provisions for waivers that allow individuals to overcome these grounds of inadmissibility under certain circumstances. Two common waivers administered by U.S. Citizenship and Immigration Services (USCIS) are the Form I-601 waiver and the Form I-601A provisional waiver.
Form I-601 Waiver
The Application for Waiver of Grounds of Inadmissibility (Form I-601) waiver is also known as the Application for Waiver of Grounds of Inadmissibility. It is used to request discretionary relief from certain grounds of inadmissibility that would otherwise prevent an individual from obtaining a visa or green card or adjusting their status in the United States. Grounds of inadmissibility that may be waived through Form I-601 include but not limited to: unlawful presence, certain criminal convictions, fraud or misrepresentation, health-related issues, and prior immigration violations. To qualify for a I-601 waiver, the applicant must demonstrate extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. The waiver application is submitted to USCIS along with supporting evidence to prove the hardship.
Form I-601A Provisional Waiver
Application for Provisional Unlawful Presence Waiver (Form I-601A) allows certain individuals who are unlawfully present in the United States to apply for a waiver of unlawful presence before departing the country to attend an immigrant visa interview at a U.S. embassy to consulate outside of the United States. This waiver is specifically designed to reduce the time that individuals are separated from their families while they apply for immigrant visas through the family-based immigration process. To be eligible for a Form I-601A provisional waiver, the applicant must be the beneficiary of an approved immigrant visa petition (Form I-130 or Form I-360), be physically present in the United States, and demonstrate that their U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the applicant were denied admission to the United States.
I-212 Waiver
The Application for Permission to Reapply for Admission into the United States After Deportation or Removal (Form I-212) waiver is used to request permission to reapply for admission to the United States after an individual has been deported or removed from the country. This waiver is typically required if someone wishes to return to the U.S. after being deported or removed and they are subject to a bar on reentry, but it can also be submitted to request removal of a deportation order by an immigration judge. If approved, then an eligible applicant can apply for a number of available forms of relief with USCIS such as for provisional waiver (I-601A).
Our firm has assisted clients with these waivers by providing comprehensive legal guidance and support throughout the application process. We assess eligibility, gather evidence, and prepare strong waiver applications to maximize chances of success. Our expertise ensures clients navigate complex immigration laws effectively, helping reunite families and achieve immigration goals. Importantly, our firm has successfully secured inadmissibility waivers even for clients with criminal records, leveraging our knowledge of both immigration and criminal law to advocate for our clients’ rights and pursue favorable outcomes. While results will vary depending on each individual matter and guarantees are never sure, we continue to provide services to attain the best possible outcome.
