Waivers for Unlawful Presence & Other Inadmissibilities
I-601A Waiver: Unlawful Presence
I-601A Provisional Waiver for Unlawful Presence s a waiver that allows certain applicants with immediate relatives to apply for the government to waive or “forgive” their unlawful presence under the laws applicable in the Immigration and Nationality Act Section 212(a)(9)(B). This is usually the second step after one already has a granted family-based petition and before going to their interview at the U.S consulate in their country of origin with their assigned case number with the Department of State. A person wanting to apply for the I-601A Provisional Waiver for unlawful presence must be:
Age 17 years or older;
Be physically present in the U.S at the time of applying and provide fingerprints for a background check;
Have an approved family-based petition with an assigned Department of State case number and paid all the fees associated OR be selected by the Department of State’s Diversity Visa Program;
Will depart the US to attend their interview in their country of origin
Be able to demonstrate that the denial of the waiver will cause extreme hardship to a qualifying relative such as a U.S citizen or U.S Legal resident spouse.
One is inadmissible OLY for unlawful presence for more than 180 days but less than 1 year during a single stay (INA Section 212(a)(9)(B)(i)(I)), or unlawful presence in the United States for 1 year or more during a single stay (INA Section 212(a)(9)(B)(i)(II). or parent.
One is inadmissible ONLY for unlawful presence in the U.S
If a person does not qualify to apply for a waiver if they do not meet the above qualifications AND if:
One is subject to any other grounds of inadmissibility other than unlawful presence.
One already has application to Register Permanent Residence or Adjust Status with the USCIS.
One is in active removal proceedings, unless your removal proceedings have been administratively closed or terminated.
You are subject to an administratively final order of removal, deportation, or exclusion under any provision of law, unless you have already filed and USCIS has already granted, before you apply for a provisional unlawful presence waiver under 8 CFR 212.7(e), an application for consent to reapply for admission.
CBP or ICE, after service of notice under 8 CFR 241.8, has reinstated a prior order of removal under section 241(a)(5) of the Act, either before the filing of the provisional unlawful presence waiver application or while the provisional unlawful presence waiver application is pending.
One fails to establish that the denial of the waiver application would result in extreme hardship to the U.S. citizen or U.S. lawful permanent resident spouse or parent. Or that the application should be approved as a matter of discretion.
601: Other Inadmissibilities
If a person is inadmissible to the United States and is seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, they must file for a waiver also known as a 601 Application for Waiver of Grounds of Inadmissibility. Most I-601 waivers are based on showing that a qualifying who is a U.S. citizen or permanent resident would suffer extreme hardship if the immigrant applicant were to be denied entry or removed from the U.S. or if the whole family had to move overseas in order to be together.
The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories. For certain grounds of inadmissibility, it may be possible for a person to obtain a waiver of that inadmissibility. In some cases, exceptions are written into the law and no waiver is required to overcome the inadmissibility because the inadmissibility does not apply if the individual meets the exception. Examples include exceptions for aliens who have been battered, abused or subjected to extreme cruelty, who are victims of severe forms of trafficking, and who are minors.
I-212: Inadmissibility after Deportation or Removal
Another form of waiver is an I-212 Application for Permission to Reapply for Admission into the U.S after a deportation or removal. Someone who has been deported or removed from the United States means that they committed an immigration violation and are thus inadmissible and barred from seeking a United States visa. A I-212 waiver is only one of many waivers that can provide relief for immigration violations under U.S. immigration law, however, only individuals who have been found inadmissible under sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) may apply for the I-212 waiver. The alien must file the I-212 waiver from outside of the United States and remain abroad for a continuous period of time. If you are inadmissible under another section of the law, you must apply for a different waiver type.
There are many factors that should be considered to determine possibilities of applying for an I-212 Application for Permission to Reapply for Admission, or any other waiver, therefore it is important to consult before beginning this process.