Waivers for Grounds of Inadmissibility

Are you seeking an immigrant visa, adjustment of status, or certain other immigration benefits? Are you inadmissible due to your health, criminal background, or another legal reason, and therefore ineligible for a visa?

Based on the circumstances of your case, you may be able to seek a waiver for specific grounds of inadmissibility. However, determining whether you qualify can be difficult without a solid understanding of immigration law in the United States. For instance, the visa category you are applying for will determine whether a waiver of ineligibility is available.

You don’t have to face this challenging experience alone. A skilled immigration attorney can review the facts of your case and determine whether you are eligible for a waiver for grounds of inadmissibility. Keep reading to learn more about the types of immigration visas available, the specific laws governing waivers of inadmissibility, and the evidence that might be required in your case. If your visa application was denied, a lawyer could help you advance to permanent U.S. residence or citizenship.

Immigration Visas Available in the U.S. and Grounds of Inadmissibility

The Immigration and Nationality Act (INA) contains many of the most essential provisions of immigration law in the United States, including the allocation of immigrant visas, procedure for granting immigrant status, admission qualifications, and grounds for inadmissibility.

If a U.S. consular officer has determined that you are ineligible for an immigrant visa or nonimmigrant

K or V visa because you are inadmissible to the U.S., then you may be able to apply for a waiver of inadmissibility. However, whether you are eligible for a waiver depends on the immigration benefit you seek and the reason for your inadmissibility.

Most applicants for an immigrant, K, or V nonimmigrant visa or adjustment of status who are deemed inadmissible will file Form I-601 to seek a waiver of specific grounds of inadmissibility. Form I-601 should be filed to obtain relief from the following grounds:

Health-related grounds
Certain criminal grounds
Immigration fraud and misrepresentation
Immigrant membership in a totalitarian party
Smuggling of immigrants
Being subject to civil penalty
The three-year or 10-year bar due to previous unlawful presence in the U.S.

Temporary Protected Status (TPS) applicants and applicants for adjustment of status as a Special Immigrant Juvenile (SIJ) may also file Form I-601 to obtain relief from most grounds of inadmissibility.

Furthermore, applicants for an immigrant visa or adjustment of status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner may file Form I-601 to obtain relief from most grounds of inadmissibility, including being unlawfully present after previous immigration violations.

Remember that if Form I-601 is approved, the waiver that is granted will apply only to the grounds of inadmissibility and those crimes, incidents, events, or conditions that you included in your application. For this reason, it is essential to disclose all conduct or conditions that may cause you to be inadmissible and list all grounds of inadmissibility for which you seek a waiver.

An experienced immigration attorney can review your waiver application and ensure you have included all the necessary evidence for a solid, persuasive case.

Required Evidence for the Application for Waiver of Grounds of Inadmissibility

When filing a waiver for grounds of inadmissibility, you must submit specific evidence with your application. Depending on your case and the grounds of inadmissibility that apply to you, you may need to provide the following evidence:

Evidence that establishes why you may qualify for a waiver of inadmissibility
Evidence to support your claim of extreme hardship (if applicable)
Evidence to support a waiver for inadmissibility due to an infectious disease of public health significance (if applicable)
Evidence to support your request for a vaccination exemption (if applicable)
Evidence to support a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (if applicable)
Evidence to support a waiver of criminal grounds of inadmissibility found in INA section 212(a)(2) (if applicable)
Evidence to support waiver for immigration fraud or misrepresentation (if applicable)
Evidence to support a waiver for inadmissibility because of your membership in a totalitarian party (if applicable)
Evidence to support a waiver for inadmissibility due to smuggling (if applicable)
Evidence to support a waiver of inadmissibility due to being the subject of a civil penalty under INA section 212(a)(6)(F) (if applicable)
Evidence to support a waiver of the 3-or 10-year unlawful presence bar under INA section 212(a)(9)(B)(v) (if applicable)
If you are a TPS applicant, evidence that a waiver is warranted
Evidence that you warrant a waiver of inadmissibility based on factors that would be considered if you were seeking consent to reapply if you are seeking adjustment of status under NACARA section 202 or HRIFA section 902, and inadmissible under INA section 212(a)(9)(A) or (c)

An approved VAWA self-petitioner or child of an approved VAWA self-petitioner must provide evidence that shows the connection between the battery or extreme cruelty that is the basis for the VAWA claim and the self-petitioner’s removal, departure from the U.S., reentry or re-entries into the U.S., or attempted reentry into the U.S.

Get Help from an Attorney with Experience in Waivers for Grounds of Inadmissibility

Do you need help filing a waiver of inadmissibility? If so, effective, compassionate legal representation can increase your chances of filing a successful application and moving forward with your life in the U.S. At De Castroverde Criminal & Immigration, we understand what’s at stake for individuals and families seeking to stay in the country lawfully. We are a family-run, family-first law firm, which means every client is an extension of our community and receives the utmost care and commitment.

If you’re facing uncertainty due to a denial of a visa or adjustment of status, the legal team at De Castroverde Criminal & Immigration can help. With a solid understanding of U.S. immigration law and a strong record of success in cases like yours, we are prepared to fight for you. Contact our office today to get started.