What is a Waiver Of Inadmissibility?

What is a Waiver Of Inadmissibility?

If your visa application to enter the United States has been denied and you have been declared inadmissible and refused a green card or other immigration benefits, you can appeal the decision and request an I-601 Waiver of Inadmissibility. A waiver is when you formally request that USCIS (United States Citizenship and Immigration Services) forgive the reasons you were declared inadmissible, and allow you to legally enter the US. 

Why Are People Declared Inadmissible to Immigration to the United States?

The Immigration and Nationality Act (INA) identifies the reasons why people can be labeled inadmissible to lawfully enter the United States. If your immigration application is denied, an experienced immigration lawyer with expertise in inadmissibility and immigration status cases can review your case and advise you of your options.

Waiver of Unlawful Presence in the US

Unlawful presence in the United States can result in a 3 or 10-year ban from entering the US. If you are over the age of 18 and have spent 189 or more days in the United States, you may be declared to have been unlawfully present. You may qualify to file Form I-601, Application for Waiver of Grounds of Admissibility if you have relatives who are US citizens or meet other waiver criteria.

Medical Inadmissibility
There are health-related reasons why you may be declared medically inadmissible to enter the United States to protect the health of the general public. Immigration applications require a medical examination and vaccination records; certain kinds of medical conditions including tuberculosis and leprosy, a lack of vaccinations, drug abuse history or certain mental disorders may prevent you from entering the US. 

Criminal Inadmissibility

Certain crimes committed in the US or their home country can make someone inadmissible to the United States and ineligible to receive a visa or green card even if they qualify under other immigration criteria. Convictions for “crimes of moral turpitude,” drug or sex offenses, prostitution, a history of serious crimes, money laundering and other offenses can result in being barred from entering the United States. While it can be very difficult to get a waiver on criminal inadmissibility, not all crimes are impossible to overcome. 

Previous Deportations 

Reentering or attempting to reenter the United States after being deported is a felony under the INA. Depending on the number of previous deportations, someone can be deemed inadmissible for 5, 10 or 20 years – or permanently inadmissible. Legally returning to the US after being deported is very difficult and an experienced immigration lawyer can help identify specific laws that relate to a person’s country of origin and provide more expansive grounds on which to challenge an attempt to deny immigration. 

There are other reasons the Department of State or USCIS may deny someone from entering the United States, or modify someone’s legal status and order them to be deported. A waiver can be obtained if your case or family circumstances qualify, but some inadmissibility judgments will be very difficult to challenge. There are strict deadlines associated with appealing inadmissibility rulings and you will want to meet with an immigration attorney as soon as possible to discuss your options to appeal and seek a favorable result. 

The attorneys at Godoy Law Office are passionate about assisting immigrant and refugee families to achieve the American Dream. If you need help with an immigration issue, please contact our office at 312-635-4029.

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