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What are the requirements for a waiver of inadmissibility?

On Behalf of | Oct 3, 2023 | Waivers of Inadmissibility

According to the Department of Human Services, the United States welcomed 740,002 lawful permanent residents in 2021. The number of people that want to immigrate is always rather high, because people desire the economic stability and freedom that the United States enjoys.

However, occasionally, immigration officials may deem someone unable to enter the U.S. because they are inadmissible. In this situation, you may have the option to seek a waiver of inadmissibility. The U.S. Citizenship and Immigration Services does require comprehensive evidence supporting your case to get a waiver.

Form I-601 or Form I-601A

The first step in seeking a waiver of inadmissibility is completing the appropriate USCIS form.  Form I-601A is for applicants currently in the U.S. but subject only to one ground of inadmissibility – the three- or ten-year bars due to unlawful presence. Whereas Form I-601 is used for applicants both inside and outside the United States.

Hardship eligibility

Typically, the basis for eligibility is demonstrating that a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent, would suffer extreme hardship if the government does not allow you to enter or remain in the United States. You will need affidavits and documentation to support a finding that your qualifying relative will suffer specific hardships.

You will also need to provide documentation to establish the relationship, such as marriage certificates or birth certificates. It can be helpful to include affidavits of support from individuals who can attest to your good character and the hardship your qualifying relative would face.

Criminal aspects

If you are facing inadmissibility due to a criminal record, you also want to provide certified copies of your criminal records. Consider including arrest records, court dispositions, and sentencing documents. You should include evidence of rehabilitation. Items such as letters of completion for rehabilitation programs, letters of recommendation, and documentation of community service or volunteer work will be helpful.

Dangerous home country

In cases where returning to your home country would threaten your safety, you should gather evidence of country conditions. This may include State Department reports, news articles, and letters from human rights organizations.

Applying for a waiver of inadmissibility to USCIS is a complex process that requires careful preparation and the presentation of compelling evidence. By diligently gathering and organizing the necessary documentation, you can strengthen your case and improve your chances of obtaining the waiver, allowing you to pursue your immigration goals in the United States.