Waivers
I-601, I-601A, I-212 & Other Waivers
I-601: Waiver of Grounds of Inadmissibility
The I-601 waiver, also known as the Application for Waiver of Grounds of Inadmissibility, is a form that individuals must file if they are deemed inadmissible to the United States due to various reasons, such as certain criminal activities, prior immigration violations like overstaying a visa, or fraud and misrepresentation. This waiver seeks to overcome these grounds of inadmissibility so that the individual can obtain an immigrant visa, adjust their status, or secure certain nonimmigrant statuses or other immigration benefits.
key points
- The waiver application process requires individuals to demonstrate that a U.S. citizen or lawful permanent resident family member would face extreme hardship if the applicant were denied admission to the U.S.
- The decision to grant the waiver is discretionary, and the U.S. Citizenship and Immigration Services (USCIS) will consider various factors, including the nature of the inadmissibility ground and the severity of the hardship faced by the U.S. relative.
- It’s essential to provide substantial evidence and documentation to support the waiver application.
I-601A: Provisional Unlawful Presence Waiver
The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, allows immediate relatives of U.S. citizens who are currently residing in the U.S. to apply for a provisional waiver for their unlawful presence before leaving the country for their immigrant visa interview. This waiver is beneficial as it reduces the time U.S. citizens are separated from their immediate relatives.
I-212: Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
Form I-212 is used by individuals who have been previously deported or removed from the U.S. and wish to return. By filing this waiver and getting it approved, the individual can apply for admission into the U.S. after their specified period of inadmissibility has passed.
Other Waivers
If you have questions about any additional waivers not listed here, schedule an appointment with us so we can determine the best way to move forward.
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This process can be complex, and frankly, overwhelming for many. When Carlos and I were going through it, we were often frustrated by the lack of clarity and transparency on what to do next. That’s why it’s our mission to help other couples navigate this chapter in their story smoothly. We want you to focus on what’s important—the bond you share with your partner. Schedule a consultation with us now so we can get you on the road to a future together.