Understanding Inadmissibility in the U.S. Immigration System
Becoming classified as "inadmissible to the United States" by U.S. authorities is a significant hurdle for immigrants. This label can prevent you from obtaining a green card within the U.S. or re-entering the country after leaving.
The Immigration and Nationality Act specifies various reasons someone may be deemed inadmissible. These include issues related to health, criminal activities, national security, public charge status, the absence of necessary labor certifications, fraudulent actions, previous deportations, and unlawful presence in the U.S., among others.
Requesting a Waiver of Inadmissibility
If you find yourself declared inadmissible during your immigration proceedings, you have the option to apply for a waiver. This waiver is available through Form I-601 for those applying outside the U.S., and Form I-601A for those within the country. The process to apply is detailed, challenging, and offers no assurance of approval. However, it represents a critical step towards continuing your immigration path.
Determining the Appropriate Waiver Application
Form I-601: The Path to Overcoming Inadmissibility
Form I-601 is designed for individuals who have been declared ineligible for U.S. entry or status adjustment. This form is crucial for addressing specific inadmissibility grounds that may be waived under your visa category. It is essential to review the official instructions for Form I-601 to understand which inadmissibility reasons can be waived for your situation.
Application Costs
The fee to file Form I-601 is currently set at $1,050.
By pursuing a waiver, you can potentially overcome barriers that would otherwise impede your ability to live and work in the United States. This complex process demands careful preparation and understanding of the intricate laws that govern U.S. immigration.
Utilizing Form I-601A for Waivers of Inadmissibility
Overview of Form I-601A
Form I-601A serves a critical purpose for individuals within the United States who have immediate family members who are U.S. citizens or green card holders, such as parents or spouses, and who entered the United States unlawfully. To pursue a green card, applicants must leave the U.S. and apply from a U.S. embassy or consulate abroad. Form I-601A enables these applicants to request a provisional waiver of inadmissibility, which helps avoid the three- or ten-year bans on re-entry typically imposed for illegal entry.
This waiver must be filed while the applicant is still in the U.S. If approved by U.S. Citizenship and Immigration Services (USCIS), it allows the applicant to attend their green card interview in their home country. It’s crucial to apply for this waiver before leaving the U.S. Eligibility criteria, which are detailed further in the application process, must be met to qualify.
Cost of Application
The filing fee for Form I-601A is $795.
Eligibility and Requirements for Waivers
Although Forms I-601 and I-601A are similar in name, they cater to distinct situations based on the applicant's location and specific circumstances.
Form I-601: Broad Scope for Waiver Eligibility
Form I-601 is applicable under various conditions:
- Immigrant visa applicants, or those applying for K or V visas who are outside the U.S., have completed an interview with a consular officer, and were found inadmissible.
- Applicants seeking to adjust their status to lawful permanent residence, though some categories are excluded.
- Applicants for Temporary Protected Status (TPS).
- Applicants under the Nicaraguan Adjustment and Central American Relief Act.
- Immigrant visa applicants or those adjusting status under the Violence Against Women Act (VAWA) as self-petitioners or as children of such petitioners.
- Applicants adjusting status based on T nonimmigrant status.
- Special Immigrant Juveniles (SIJ) applying for adjustment of status following an approved Form I-360.
It's important to note that the Immigration and Nationality Act specifies certain grounds of inadmissibility which may not apply to all visa categories. Potential applicants should consult the section "Who may file Form I-601?" in the instructions to ensure they meet the criteria for filing.
Understanding and Applying for Form I-601A: Provisional Unlawful Presence Waiver
Key Information on Form I-601A
Form I-601A is designed to provide a waiver for the mandatory period of inadmissibility due to overstaying a visa or residing in the United States without a valid visa, green card, or citizenship. This form is crucial for those who wish to adjust their status but have accrued unlawful presence in the U.S. For detailed eligibility requirements, refer to the section "Who may file Form I-601A?" in the form's instructions.
Eligibility Criteria for Form I-601A
To apply for a waiver using Form I-601A, applicants must meet the following criteria:
- Be physically present in the United States.
- Be at least 17 years old at the time of filing.
- Have an immigrant visa case pending with the U.S. Department of State; specific conditions apply, which are detailed in the Form I-601A instructions.
It is important to note that certain circumstances will lead to the denial of the application. Applicants should thoroughly review the Form I-601A instructions to understand these conditions fully.
How to Apply for a Waiver Using Form I-601A
The application process for a waiver involves several steps, which vary depending on the specific form used. Here is how you can apply using Form I-601A:
- Check Eligibility: Ensure all eligibility criteria are met, as detailed in the form instructions.
- Complete the Form: Fill out Form I-601A accurately, providing all required information.
- Submit the Form: File the form with the U.S. Citizenship and Immigration Services (USCIS). This can typically be done by mail or online.
- Provide Supporting Evidence: Include all necessary supporting documentation to substantiate the reasons for your waiver request.
- Wait for Adjudication: USCIS will review your application and issue a decision, which will be communicated to both you and the U.S. Department of State.
Important Considerations
The processing time for Form I-601A can be lengthy, averaging several months. All applications are subjected to thorough review, emphasizing the need for accurate and complete submissions. If your application is denied, you may have options to appeal the decision or file a motion to reopen or reconsider the decision using Form I-290B.
Waivers granted via Form I-601A are generally valid indefinitely for the conditions listed in the application. However, if new grounds of inadmissibility arise, another waiver application may be necessary. Some waivers may have conditions or temporary terms, so it's crucial to understand the specifics of your approved waiver fully.
Detailed Guide to Filing Form I-601A for a Provisional Unlawful Presence Waiver
Introduction to Form I-601A
Form I-601A is utilized solely for the purpose of requesting a provisional waiver of the 3- or 10-year bars on re-entry into the United States, which may be imposed if an individual leaves the U.S. after accumulating unlawful presence. This form must be filed independently of any other applications, petitions, or requests for immigration benefits.
Application Requirements and Process
Applicants must be physically present in the United States at the time of filing Form I-601A. The process involves several key steps:
- Biometrics Appointment: After filing, you must attend a biometrics appointment at a designated USCIS facility.
- Possible Additional Requirements: USCIS may request an interview or additional biometrics (fingerprints, photograph, or signature) at any time to conduct thorough background and security checks, including an FBI criminal history record check.
Evidence Submission Guidelines
A crucial aspect of the Form I-601A application is demonstrating that your U.S. citizen or lawful permanent resident spouse or parent would experience extreme hardship if the waiver is not granted. Importantly, the qualifying relative need not be the petitioner of your immigrant visa, but they must be your U.S. citizen or green card spouse or parent if you are unmarried. No other relatives are eligible under this criterion.
Filing the Application
You can file Form I-601A through the mail or via your USCIS online account. Once submitted, USCIS will process your application, which includes requesting biometrics and potentially an interview, before delivering a decision. The average processing time ranges from 8.5 to 11.5 months.
Important Considerations
Immigration Status: Filing or approval of Form I-601A does not alter your current immigration status in the United States.
Post-Approval Steps: If your waiver is approved, you are then eligible to leave the U.S., return to your home country, and proceed with consular processing for your green card. It is crucial to submit the approved waiver along with your green card application to demonstrate that the re-entry bans do not apply.
Final Notes
Carefully review the section of the Form I-601A instructions regarding your immigration status when applying for this waiver. This detailed understanding will help ensure you meet all the requirements and improve the likelihood of a favorable outcome.
USCIS Fee Hike
Important: The costs to file inadmissibility waivers through Form I-601 and Form I-601A could get more expensive in the coming months. In January 2023, USCIS announced plans to increase the filing fees for nearly every visa category, including waivers of inadmissibility.
Conclusion
Applying for Form I-601A is a critical step for many immigrants aiming to adjust their status and continue their life in the United States. As USCIS fees are expected to rise, applicants should consider filing sooner to potentially avoid higher costs, ensuring they gather and submit all necessary documentation to facilitate a smooth and successful application process.