United States Waiver of Inadmissibility

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An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.[1]

Otherwise Inadmissible persons[edit]

Persons may be inadmissible to the United States for any one of the grounds for excludability listed below.[2]

Health Related Grounds[edit]

Criminal and Related Violations[edit]

Security and Related Violations[edit]

Illegal Entrants and Immigration Violators[edit]

There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility:

Falsely Claiming U.S. Citizenship[edit]

NO WAIVER is available to an alien who has falsely claimed that they are a U.S. citizen (after September 30, 1996)[4] to obtain a benefit under the Immigration and Nationality Act, Federal or State law. As a result, these individuals are permanently inadmissible and cannot file for a Waiver of Inadmissibility on Form I-601.[5]

Miscellaneous grounds[edit]

Requirements for Approval of a Waiver of Ground of Inadmissibility by Ground of Inadmissibility[edit]

Unlawful Presence (3/10 Year Bar)[edit]

Criminal Grounds[edit]

Immigration Fraud or Misrepresentation[edit]

Health Related Grounds of Inadmissibility[edit]

Immigrant Membership in a Totalitarian Party[edit]

Alien Smuggling[edit]

Procedures[edit]

Applicants may download Form I-601, Application for Waiver of Ground of Inadmissibility from the USCIS website [2]. Depending on whether an applicant is applying for an Immigrant Visa or Adjustment of Status, Form I-601 may be filed at the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.[1] Issues surrounding waivers of grounds of inadmissibility may be complex (including eligibility issues) and it is generally advisable to consult an attorney. The filing fee for Form I-601 is currently $585.

References[edit]

  1. ^ a b 8 CFR 212.7(a)(1)(i)
  2. ^ [1]
  3. ^ 42 CFR 34.2(b)
  4. ^ a b c d e f g h i j k l m n o p q r s http://www.uscis.gov/files/form/i-601instr.pdf
  5. ^ INA section 212(a)(1)(A)(iii)
  6. ^ a b INA section 212(a)(9)(B)(ii)
  7. ^ INA Section 212(a)(6)(C)(i)
  8. ^ http://www.uscis.gov/files/form/I-212instr.pdf
  9. ^ INA section 212(a)(9)(C)(II)
  10. ^ Buss, David; Hryck, Alan; Granwell (August 2007). "The U.S. Tax Consequences of Expatriation: Is It a Tax Planning Opportunity or a Trap for the Unwary?". International Tax Strategies. Retrieved 2012-05-18. 
  11. ^ "9 FAM 40.105: Notes". Foreign Affairs Manual. U.S. Department of State. 2011-10-06. Retrieved 2012-05-18. 
  12. ^ http://www.thomasimmigration.gov/Pages/Services/Family/Pages/Unlawfull.htm
  13. ^ INA Section 212(a)(9)(C)(i)(I)
  14. ^ 8 CFR 212.7(d) confirmed by the 9th Circuit in Meija v. Gonzales, 499 F.3d 991 (9th Cir.2007) and then again by the 2nd Circuit in Samuels v. Chertoff, 550 F.3d 252 (2nd Cir.2008)
  15. ^ See also INA section 212(a)(1)(A)(iii).
  16. ^ INA section 212(a)(3)(D)(iv)
  17. ^ INA section 212(a)(6)(E)(i)

External links[edit]