The United States immigration process is complex, and part of the complexity is that no two cases are the same. If USCIS decides or intends to decide that you are inadmissible, there could still be ways within the system to obtain an immigration benefit.
One common avenue for this is Form I-601, which lets you apply for a waiver for several grounds of inadmissibility, such as fraud or misrepresentation, or past criminal conduct. This article will look at a few types of cases that might use that form.
Extreme hardship to a family member
Many foreign nationals living in the United States wish to remain partly because of the hardship their family members would suffer if they had to return to their home countries. Hardship takes on many forms; there is economic hardship, social hardship, medical hardship, and lost educational opportunities to name a few. Depending on the type of waiver you need, you will need to show extreme hardship to either your U.S. citizen or permanent resident spouse, parents, children, or hardship to yourself.
Fraud and misrepresentation
Immigration fraud and misrepresentation are common reasons that USCIS finds applicants inadmissible to the country. However, due to the complexity of this ground of inadmissibility, it is important to consult with an immigration attorney to determine if USCIS or the Department of State’s inadmissibility finding was correct.
If you are inadmissible for misrepresenting some material fact to obtain an immigration benefit, an application for a waiver might give you a chance to gain lawful status still. Additionally, if you were a self-petitioner under the Violence Against Women Act and you are inadmissible for misrepresentation, you could potentially add any extreme hardship you would experience if you were not permitted to immigrate.
Less-common grounds of inadmissibility
Depending on the facts of your case, there could be a variety of reasons that USCIS finds you inadmissible. For example, your membership in a totalitarian party or your mental and physical health could be grounds for inadmissibility.
Your situation is unique. Luckily, our immigration system recognizes that people make mistakes and gives you the opportunity to still benefit through filing a waiver.