Being found inadmissible to the United States does not necessarily mean the door to immigration is permanently closed. In many cases, a waiver of inadmissibility may be available that allows a foreign national to overcome a bar to obtaining a visa, a green card, or other immigration benefits. This post provides an overview of the most common grounds of inadmissibility and the waivers that may be available.
What Is Inadmissibility?
The Immigration and Nationality Act sets forth numerous grounds under which a foreign national may be found inadmissible to the United States — meaning they are legally barred from obtaining a visa, entering the country, or adjusting status. Common grounds of inadmissibility include unlawful presence, certain criminal convictions, prior orders of removal, misrepresentation or fraud, and certain health-related grounds.
The I-601 Waiver
The I-601, Application for Waiver of Grounds of Inadmissibility, is available for a range of inadmissibility grounds and allows a foreign national to request that USCIS exercise favorable discretion and forgive the bar. To qualify, the applicant typically must demonstrate that a qualifying U.S. citizen or lawful permanent resident family member would suffer extreme hardship if the waiver were denied.
The I-601A Provisional Unlawful Presence Waiver
The I-601A is a provisional waiver available specifically for foreign nationals who are inadmissible due to unlawful presence and who are the immediate relatives of U.S. citizens. Unlike the traditional I-601 waiver, the I-601A can be filed and adjudicated while the applicant is still inside the United States, before they depart for their consular interview. This process significantly reduces the time a family is separated during the green card process.
The I-212 Waiver
The I-212, Application for Permission to Reapply for Admission, is available to foreign nationals who were previously removed from the United States or who departed under a voluntary departure order. This waiver is required before a previously removed individual can lawfully return to the U.S.
Not All Grounds Are Waivable
It is important to understand that not all grounds of inadmissibility can be waived. Some bars are permanent and cannot be overcome regardless of hardship or other circumstances. Additionally, the standards for waivers are demanding and require substantial legal and factual preparation. The attorneys at Parikh & Prasad, PC have experience preparing waiver applications across a range of inadmissibility grounds. Contact us to discuss your situation.
Related Practice Areas
Speak directly with an attorney
Schedule a free 15-minute consultation to discuss your immigration matter — no obligation.
Schedule a Free Consultation