Not all potential immigrants to the United States are eligible to enter the country or to obtain a visa. While various waivers may exist for a variety of circumstances, there are certain grounds that will, absent a waiver, make a person inadmissible to enter the country. The grounds of inadmissibility consist of a number of various categories, related, among other issues, to:
- Criminal Activities.
- National Security.
- Immigration Law Violations.
- Likelihood of Becoming a Public Charge.
Other grounds of inadmissibility do exist, including matters such as child abduction, unlawful voting, violation of certain selective service laws, and more. The list is long and complicated. Assuming it is determined that you are inadmissible, the question becomes whether your particular ground of inadmissibility is waivable.
Non-Waivable Inadmissibility for a Green Card
Not every ground of inadmissibility is waivable. That means that no matter what you subsequent actions you take, and what explanations you may offer, the ground of admissibility preventing you from entering the United States, or from staying here, these grounds will prevent you not only from having the condition waived, but in some cases from even applying for a waiver. The following are a number of examples:
- Drug addiction or drug abuse history.
- Drug traffickers.
- Convicted or admitted murderers.
- Human traffickers.
- Those suspected of espionage.
- Those affiliated with terrorist organizations.
- Practicing polygamists.
The above are merely several examples of a lengthy list of those whose inadmissibility cannot be waived. However, this is a complicated area of the law, and there are many exceptions. If you believe you may be in the category of those whose inadmissibility is non-waivable, you will want to speak to an experienced immigration lawyer before reaching a decision about whether to apply for a waiver.
What is the Difference Between Waivers Under I-601 and I-601A?
The forms used for waivers of inadmissibility are I-601 and I-601A. The basic difference between the two involves the location of the applicant. I-601 is used if you are seeking a waiver and are outside the United States. I-601A is used if you are applying for a waiver and you are inside the United States, such as undocumented aliens and people who entered the US on a visa but have overstayed that visa.
In Form I-601, you are asking the USCIS to take another look at the circumstances that form the basis of your inadmissibility, and to perform a balancing test of sorts. Specifically, you will ask them to balance those circumstances that otherwise make you inadmissible, against the hardship that will be suffered by your family if you are not admitted.
Form 601A, for undocumented immigrants and those who have overstayed their visas, is intended to look at the hardship that will be caused to the applicant’s family if he or she is forced to leave them. Interestingly, even if your waiver request under Form 601A is approved, you will likely have to leave the country, at least for purposes of interviewing abroad with a United States consular official.
Waiver of Inadmissibility Attorney in Phoenix, AZ
The waiver of inadmissibility process is complex. You must know what the basis of the inadmissibility is, whether it is waivable, which form applies to your situation, and how to prepare a persuasive argument that the basis of your inadmissibility is outweighed by the hardship that will be suffered by other family members.
At Castañeda Immigration Law, we are an experienced immigration law firm that can provide you with accurate advice on these issues, and significantly increase your chance of obtaining a waiver of inadmissibility. Call us to schedule an appointment.