First, you need to take a moment to gather yourself. I’ve counseled families to find themselves in this position and I can tell you from firsthand knowledge that while this is a real obstacle it doesn’t always mean that a finding of inadmissibility is an end to your immigration journey. It doesn’t mean that there’s no more hope.
Second, you’ll want to write out everything that was said between you and the immigration officer. It’s important to write it as soon as possible so that you do not forget any important facts that could turn your case.
Third, you want to review the denial letter issued by the consulate. In almost every instance an officer will identify the grounds of inadmissibility within that letter.
The next step is to determine whether the officer finding is correct. If you disagree with the laws applied, there are steps that you could take such as reaching out to the embassy. An attorney can help you identify if there was an incorrect finding and they can communicate your behalf with the consulate.
Assuming the officer is correct, you need to identify if there’s a waiver that you are eligible for. Often the officer will identify the waiver that’s needed on the denial. All the different inadmissibility waivers are found in Section 212 the Immigration and Nationality Act. You need to identify all the grounds of inadmissibility that apply to you. Don’t want to wait months to get an answer only to find out then that you did not actually file a waiver for all the grounds that apply to you.
If you’ve already previously filed for a provisional waiver, that provisional waiver will be rescinded – it’s no longer valid. While you do not need to refile Form I-601A, you need to mark that ground of inadmissibility on form I-601. Don’t just send form I-601 alone – you’ll want to work with an immigration attorney to collect evidence and to make the arguments on your behalf.
If you feel overwhelmed or in over your head and you want a formal consultation to talk through this problem please reach out to our law firm. This information is general and represents what the law is as it stands today. You should meet with a qualified immigration attorney as the laws change over time and you may have a unique situation that’s not covered by this video. The immigration attorneys at Chicago’s Godoy Law Office fight for the rights of immigrants in Illinois and help immigrants navigate the complex and numerous immigration policies, procedures, and regulations. If you need help with an immigration issue, please contact our office at 855.554.6369.