An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.[1]
Persons inadmissible under Section 212(a)(3)(B) of the Immigration and Nationality Act have
been involved in a current or past terrorist group
contributed finances to a current or past terrorist group
relatives whom are or have been involved in a current or past terrorist group
provided medical assistance to a past or current terrorist
been child soldiers, sex slaves, or trafficked persons forced to contribute to a current or past terrorist group
been forced to aid a past or current terrorist group
Illegal Entrants and Immigration ViolatorsEdit
There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility:
Persons who enter the U.S. without being admitted or paroled at a port of entry (EWI - Entry Without Inspection) or who overstay a valid visa begin to accrue unlawful presence after the illegal entry, or the period of authorized stay expires.[6]
Persons who knowingly or willfully made misrepresentations or committed fraud in order to obtain an immigration benefit or benefit under the INA, may apply for a Waiver of Ground of Inadmissibility on Form I-601.[7]
Persons previously deported or given expedited removal must also file Form I-212, Application for Permission to Reapply for Admission (if eligible).[8]
Persons unlawfully present in the United States for an aggregate period of one year who have exited the United States and re-entered without inspection (EWI) are not eligible to file Form I-601 to waive their unlawful presence.[9]
Miscellaneous groundsEdit
practicing polygamists
guardians accompanying helpless aliens
International child abductors and relatives supporting abductors
Requirements for Approval of a Waiver of Ground of Inadmissibility by Ground of InadmissibilityEdit
Unlawful Presence (3/10 Year Bar)Edit
If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar), they may apply for a Waiver of Ground of Inadmissibility on Form I-601.[4]
It is important to note that an applicant MAY NOT BE ELIGIBLE to apply for this waiver of inadmissibility if they were unlawfully present in the United States for more than one year, left the United States, then returned without being admitted or paroled (EWI).[12]
The applicant must establish that their U.S. citizen or legal permanent resident spouse, parent, or the K visa petitioner would suffer extreme hardship if the application were denied.[4]
There are special instructions for TPS and VAWA self-petitioners applying for a waiver of this ground of inadmissibility.[4]
Criminal GroundsEdit
The applicant may apply for a Waiver of Ground of Inadmissibility on Form I-601 if they have been found to be inadmissible for: (1) a crime involving moral turpitude (other than a purely political offense); (2) a controlled substance violation according to the laws and regulations of any country. (3) two or more summary convictions (other than DUI's Dangerous Driving or General Assault), or one or more Indictable convictions. (4) prostitution; (5) unlawful commercialized vice whether or not related to prostitution; or (6) being an alien involved in serious criminal activity, who has asserted immunity from prosecution.[4]
The applicant must establish that they are inadmissible only because of participation in prostitution (including having procured others for prostitution or having received the proceeds of prostitution), but that they have been rehabilitated and their admission will not be contrary to the national welfare, safety or security of the United States;[4] OR
At least 15 years have passed since the activity or event that made the applicant inadmissible, they have been rehabilitated and that their admission to the United States (or issuance of the immigrant visa) will not be contrary to the national welfare, safety or security of the United States;[4] OR
The applicant's qualifying U.S. citizen or legal permanent resident spouse, son, daughter, parent or K visa petitioner would experience extreme hardship if the applicant were denied admission; OR
The Attorney General will not favorably exercise discretion for a waiver to consent to the reapplication to the US (or adjustment of status) in cases involving violent or dangerous crimes except in extraordinary circumstances or cases where the applicant clearly demonstrates that denial of the application would result in "exceptional and extremely unusual hardship."[13]
Immigration Fraud or MisrepresentationEdit
If the applicant is inadmissible because they have sought to procure an immigration benefit by fraud or misrepresenting a material fact[INA Section 212(a)(6)(C)(i)], they may apply for a Waiver of Ground of Inadmissibility on Form I-601.[4]
The applicant must demonstrate that their qualifying U.S. citizen or legal permanent resident spouse, parent or the K visa petitioner would experience extreme hardship if the applicant were denied admission OR the applicant is a VAWA self-petitioner and the applicant, their U.S. citizen or legal permanent resident parent or child would experience extreme hardship if the applicant were denied admission to the U.S.[4]
Health Related Grounds of InadmissibilityEdit
An applicant's petition may be approved if they are the spouse, parent, unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or legal permanent resident, or of an alien who has been issued an immigrant visa, or the fiance(e) of a U.S. citizen or the fiance(e)'s child; OR if they are a VAWA self-petitioner.[4]
Please note that there are additional application requirements for individuals who are inadmissible due to diagnosis with Class A Tuberculosis, HIV, or a "Physical or Mental Disorder and Associated Harmful Behavior".[4][14]
A blanket waiver of required vaccinations can be given by the civil surgeon for vaccinations that are not medically appropriate at the time of examination. Applicants with religious or moral objections to all vaccinations may submit proof and apply for a waiver.
Immigrant Membership in a Totalitarian PartyEdit
If the applicant is inadmissible because they were a member of, or affiliated with, the Communist or any other totalitarian party, they may apply for a Waiver of Ground of Inadmissibility on Form I-601.[4][15]
A waiver may be granted for humanitarian purposes, to assure family unity, or when it is in the public interest if the applicant is the parent, spouse, son, daughter, brother or sister of a U.S. citizen, OR a spouse, son or daughter of a lawful permanent resident, OR the fiance(e) of a U.S. citizen.[4] The applicant must also not be deemed a threat to the security of the United States.[4]
Alien SmugglingEdit
If the applicant is inadmissible because they have engaged in alien smuggling,[16] they may apply for a Waiver of Ground of Inadmissibility on Form I-601 ONLY IF they have encouraged, induced, assisted, abetted or aided an individual who at the time of the action was their spouse, parent, son or daughter (and no other individual) to enter the United States in violation of the law.[4]
Also, the applicant must be either: (1) a legal permanent resident who temporarily proceeded abroad, not under an order of removal, and who is otherwise admissible to the U.S. as a returning resident; or (2) seeking admission or adjustment of status as an immediate relative, a first, second or third preference immigrant, or as the fiance(e) (or his or her children) of a U.S. citizen.[4]
A waiver under this section may be granted for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest.
ProceduresEdit
Applicants may download Form I-601, Application for Waiver of Ground of Inadmissibility from the USCIS website [1]. Depending on whether an applicant is applying for an Immigrant Visa or Adjustment of Status, Form I-601 may be filed at the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.[1] Issues surrounding waivers of grounds of inadmissibility may be complex (including eligibility issues) and it is generally advisable to consult an attorney. The filing fee for Form I-601 is currently $930.
^ abcdefghijklmnopqrs(PDF). Archived from the original (PDF) on 2011-10-27. Retrieved 2011-12-21.{{cite web}}: CS1 maint: archived copy as title (link)
^Buss, David; Hryck, David; Granwell, Alan (August 2007). "The U.S. Tax Consequences of Expatriation: Is It a Tax Planning Opportunity or a Trap for the Unwary?" (PDF). International Tax Strategies. Retrieved 2012-05-18.
^"9 FAM 40.105: Notes". Foreign Affairs Manual(PDF). U.S. Department of State. 2011-10-06. Retrieved 2012-05-18.
^8 CFR 212.7(d) confirmed by the 9th Circuit in Meija v. Gonzales, 499 F.3d 991 (9th Cir.2007) and then again by the 2nd Circuit in Samuels v. Chertoff, 550 F.3d 252 (2nd Cir.2008)
waiver, inadmissibility, united, states, application, waiver, grounds, inadmissibility, application, legal, entry, united, states, made, individual, otherwise, inadmissible, more, grounds, application, submitted, consular, office, citizenship, immigration, ser. An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds The application is submitted to the consular office U S Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application 1 Contents 1 Otherwise Inadmissible persons 1 1 Health Related Grounds 1 2 Criminal and Related Violations 1 3 Security and Related Violations 1 4 Illegal Entrants and Immigration Violators 1 5 Miscellaneous grounds 2 Requirements for Approval of a Waiver of Ground of Inadmissibility by Ground of Inadmissibility 2 1 Unlawful Presence 3 10 Year Bar 2 2 Criminal Grounds 2 3 Immigration Fraud or Misrepresentation 2 4 Health Related Grounds of Inadmissibility 2 5 Immigrant Membership in a Totalitarian Party 2 6 Alien Smuggling 3 Procedures 4 References 5 External linksOtherwise Inadmissible persons EditPersons may be inadmissible to the United States for any one of the grounds for excludability listed below 2 Health Related Grounds Edit Communicable diseases of public health significance This currently includes Class A Tuberculosis Chancroid Gonorrhea Granuloma inguinale Lymphogranuloma venereum Syphilis Leprosy or any other communicable disease as determined by the U S Secretary of Health and Human Services 3 Individuals diagnosed with these illnesses may apply for a Waiver of Ground of Inadmissibility on Form I 601 4 Refusal of required vaccinations Physical or Mental Disorders and Associated Harmful Behaviors 5 Criminal and Related Violations Edit Crimes involving moral turpitude other than a purely political offense 4 A controlled substance violation according to the laws and regulations of any country or U S state 4 Two or more summary convictions not including DUI s Dangerous Driving or General Assault or 1 Indictable conviction 4 Prostitution and commercialized vice A serious criminal activity for which immunity from prosecution has been receivedSecurity and Related Violations Edit spies saboteurs or terrorists voluntary members of Communist or other totalitarian parties NazisPersons inadmissible under Section 212 a 3 B of the Immigration and Nationality Act have been involved in a current or past terrorist group contributed finances to a current or past terrorist group relatives whom are or have been involved in a current or past terrorist group provided medical assistance to a past or current terrorist been child soldiers sex slaves or trafficked persons forced to contribute to a current or past terrorist group been forced to aid a past or current terrorist groupIllegal Entrants and Immigration Violators Edit There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility Persons who enter the U S without being admitted or paroled at a port of entry EWI Entry Without Inspection or who overstay a valid visa begin to accrue unlawful presence after the illegal entry or the period of authorized stay expires 6 Persons who knowingly or willfully made misrepresentations or committed fraud in order to obtain an immigration benefit or benefit under the INA may apply for a Waiver of Ground of Inadmissibility on Form I 601 7 Persons previously deported or given expedited removal must also file Form I 212 Application for Permission to Reapply for Admission if eligible 8 Persons unlawfully present in the United States for an aggregate period of one year who have exited the United States and re entered without inspection EWI are not eligible to file Form I 601 to waive their unlawful presence 9 Miscellaneous grounds Edit practicing polygamists guardians accompanying helpless aliens International child abductors and relatives supporting abductors Former U S citizens found by the Attorney General to have renounced citizenship for the purpose of avoiding taxation the currently unenforced Reed Amendment 10 11 Requirements for Approval of a Waiver of Ground of Inadmissibility by Ground of Inadmissibility EditUnlawful Presence 3 10 Year Bar Edit If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days 3 year bar or one year 10 year bar they may apply for a Waiver of Ground of Inadmissibility on Form I 601 4 It is important to note that an applicant MAY NOT BE ELIGIBLE to apply for this waiver of inadmissibility if they were unlawfully present in the United States for more than one year left the United States then returned without being admitted or paroled EWI 12 The applicant must establish that their U S citizen or legal permanent resident spouse parent or the K visa petitioner would suffer extreme hardship if the application were denied 4 There are special instructions for TPS and VAWA self petitioners applying for a waiver of this ground of inadmissibility 4 Criminal Grounds Edit The applicant may apply for a Waiver of Ground of Inadmissibility on Form I 601 if they have been found to be inadmissible for 1 a crime involving moral turpitude other than a purely political offense 2 a controlled substance violation according to the laws and regulations of any country 3 two or more summary convictions other than DUI s Dangerous Driving or General Assault or one or more Indictable convictions 4 prostitution 5 unlawful commercialized vice whether or not related to prostitution or 6 being an alien involved in serious criminal activity who has asserted immunity from prosecution 4 The applicant must establish that they are inadmissible only because of participation in prostitution including having procured others for prostitution or having received the proceeds of prostitution but that they have been rehabilitated and their admission will not be contrary to the national welfare safety or security of the United States 4 OR At least 15 years have passed since the activity or event that made the applicant inadmissible they have been rehabilitated and that their admission to the United States or issuance of the immigrant visa will not be contrary to the national welfare safety or security of the United States 4 OR The applicant s qualifying U S citizen or legal permanent resident spouse son daughter parent or K visa petitioner would experience extreme hardship if the applicant were denied admission OR The applicant is an approved VAWA Violence Against Women Act self petitioner The Attorney General will not favorably exercise discretion for a waiver to consent to the reapplication to the US or adjustment of status in cases involving violent or dangerous crimes except in extraordinary circumstances or cases where the applicant clearly demonstrates that denial of the application would result in exceptional and extremely unusual hardship 13 Immigration Fraud or Misrepresentation Edit If the applicant is inadmissible because they have sought to procure an immigration benefit by fraud or misrepresenting a material fact INA Section 212 a 6 C i they may apply for a Waiver of Ground of Inadmissibility on Form I 601 4 The applicant must demonstrate that their qualifying U S citizen or legal permanent resident spouse parent or the K visa petitioner would experience extreme hardship if the applicant were denied admission OR the applicant is a VAWA self petitioner and the applicant their U S citizen or legal permanent resident parent or child would experience extreme hardship if the applicant were denied admission to the U S 4 Health Related Grounds of Inadmissibility Edit An applicant s petition may be approved if they are the spouse parent unmarried son or daughter or the minor unmarried lawfully adopted child of a U S citizen or legal permanent resident or of an alien who has been issued an immigrant visa or the fiance e of a U S citizen or the fiance e s child OR if they are a VAWA self petitioner 4 Please note that there are additional application requirements for individuals who are inadmissible due to diagnosis with Class A Tuberculosis HIV or a Physical or Mental Disorder and Associated Harmful Behavior 4 14 A blanket waiver of required vaccinations can be given by the civil surgeon for vaccinations that are not medically appropriate at the time of examination Applicants with religious or moral objections to all vaccinations may submit proof and apply for a waiver Immigrant Membership in a Totalitarian Party Edit If the applicant is inadmissible because they were a member of or affiliated with the Communist or any other totalitarian party they may apply for a Waiver of Ground of Inadmissibility on Form I 601 4 15 A waiver may be granted for humanitarian purposes to assure family unity or when it is in the public interest if the applicant is the parent spouse son daughter brother or sister of a U S citizen OR a spouse son or daughter of a lawful permanent resident OR the fiance e of a U S citizen 4 The applicant must also not be deemed a threat to the security of the United States 4 Alien Smuggling Edit If the applicant is inadmissible because they have engaged in alien smuggling 16 they may apply for a Waiver of Ground of Inadmissibility on Form I 601 ONLY IF they have encouraged induced assisted abetted or aided an individual who at the time of the action was their spouse parent son or daughter and no other individual to enter the United States in violation of the law 4 Also the applicant must be either 1 a legal permanent resident who temporarily proceeded abroad not under an order of removal and who is otherwise admissible to the U S as a returning resident or 2 seeking admission or adjustment of status as an immediate relative a first second or third preference immigrant or as the fiance e or his or her children of a U S citizen 4 A waiver under this section may be granted for humanitarian reasons to assure family unity or when it is otherwise in the public interest Procedures EditApplicants may download Form I 601 Application for Waiver of Ground of Inadmissibility from the USCIS website 1 Depending on whether an applicant is applying for an Immigrant Visa or Adjustment of Status Form I 601 may be filed at the consular office U S Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application 1 Issues surrounding waivers of grounds of inadmissibility may be complex including eligibility issues and it is generally advisable to consult an attorney The filing fee for Form I 601 is currently 930 References Edit a b 8 CFR 212 7 a 1 i 8 U S Code 1182 Inadmissible aliens 42 CFR 34 2 b a b c d e f g h i j k l m n o p q r s Archived copy PDF Archived from the original PDF on 2011 10 27 Retrieved 2011 12 21 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link INA section 212 a 1 A iii INA section 212 a 9 B ii INA Section 212 a 6 C i Archived copy PDF Archived from the original PDF on 2013 03 08 Retrieved 2014 01 05 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link INA section 212 a 9 C II Buss David Hryck David Granwell Alan August 2007 The U S Tax Consequences of Expatriation Is It a Tax Planning Opportunity or a Trap for the Unwary PDF International Tax Strategies Retrieved 2012 05 18 9 FAM 40 105 Notes Foreign Affairs Manual PDF U S Department of State 2011 10 06 Retrieved 2012 05 18 INA Section 212 a 9 C i I 8 CFR 212 7 d confirmed by the 9th Circuit in Meija v Gonzales 499 F 3d 991 9th Cir 2007 and then again by the 2nd Circuit in Samuels v Chertoff 550 F 3d 252 2nd Cir 2008 See also INA section 212 a 1 A iii INA section 212 a 3 D iv INA section 212 a 6 E i External links EditUSCIS Waiver of Inadmissibility Retrieved from https en wikipedia org w index php title Waiver of inadmissibility United States amp oldid 1110024542, wikipedia, wiki, book, books, library,
