Waivers of Inadmissibility

It can be stressful and frustrating to follow the steps of applying for a visa to the United States and be told you are inadmissible. Thankfully you can still apply for a waiver of inadmissibility in some cases.

There are several kinds of waivers of inadmissibility. We can help you decide which one is right for you.

Form 601A Provisional Waiver for unlawful presence
The 601A Waiver is for spouses, parents, and children of U.S. citizens or legal permanent residents who are inadmissible because of unlawful presence in the U.S. This could mean the person entered the U.S. without inspection. Or, it could mean the person stayed longer in the U.S. than their visa allowed.

The benefit of a 601A Waiver is you can apply for the waiver in the U.S. before leaving for your home country to be interviewed for an immigrant visa. This shortens the time that you’ll be away from loved ones.

The 601A Waiver only covers inadmissibility because of unlawful presence. If there are other reasons you are inadmissible, like criminal convictions, it’s important you work out those issues too. If you don’t, you could be separated for a long time from your loved ones even if you are given a 601A Waiver.

Form I-601 Waiver for extreme hardship to family members
The I-601 Waiver is for situations where a family member would experience extreme hardship if you are not allowed to live in the U.S. legally. The family member must be a citizen or permanent resident.

There is no clear definition of extreme hardship, so the decision is made on a case-by-case basis. To increase your chances of being approved, you should be as clear and detailed as you can about the hardship your family member would experience.

You should also be honest about any criminal convictions or past immigration offenses. If you don’t explain criminal convictions or immigration offenses your chances of being approved for this waiver may decrease. You should address these issues when you apply for a waiver because it may be the only opportunity you’ll have.

Form I-212 Waiver for prior deportation
The I-212 Waiver is for people who have been deported from the U.S. and are inadmissible for a certain amount of time, maybe even permanently. An I-212 Waiver allows you to apply for an immigrant or non-immigrant visa.

I-212 Waivers are given on a case-by-case basis, just like the I-601 Waiver. It’s important to address any criminal record in your waiver application so you have the opportunity to explain it. Since there are no specific rules about who is given a waiver, it’s important to provide all of the information you can.

Contact us
Since the waivers are mostly given on a case-by-case basis, it’s important to have the advice of an attorney who has experience in these situations.

We can tell you which waiver is best for you and help you complete the application so your chances of being approved are higher. Call us today at 847-258-9954, or email us by clicking here, or schedule an appointment by clicking here.