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When someone is filing for a green card, sometimes they may also have to file for a waiver of inadmissibility. This waiver is to ask the U.S. government to overlook any reason that someone is ineligible for entry to the country and ultimately, a green card. These reasons could be that you have a criminal record, are a security threat, have a health concern, or more.
At Toland Law, LLC, we help our clients not only determine which waiver is best for them but also ensure that these waivers are filed correctly. Because we have a reputation for success in the community, we have been asked many questions about immigration waivers.
Here are some of the most common questions we have received in the past:
What Is An I-601 Waiver?
This waiver is for aliens who are seeking an immigrant visa, adjustment of status, certain nonimmigrant visas, or other immigration benefits because they are found to be inadmissible. An I-601 will only waive certain grounds of inadmissibility and not every form of inadmissibility such as aggravated felonies or multiple illegal entries.
Depending on your situation, you may be found inadmissible to the United States for the following reasons: (1) certain criminal grounds; (2) health-related issues; (3) immigration fraud and misrepresentation; (4) immigrant membership in a totalitarian party; (5) alien smuggling; (6) subjected to a civil penalty; (7) unlawful presence in the united states resulting in a 3 or 10 year bar.
Whether you are trying to waive a criminal conviction, a health-related issue, or any other grounds for inadmissibility, you must provide certain evidence to USCIs to see if you are eligible. If you are in the immigration court, you and your lawyer would need to present evidence before an immigration judge to decide whether they will grant your waiver on a discretionary basis.
What Is An I-601A Waiver?
This waiver is typically referred to as the “unlawful presence waiver” which is for certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents. These applicants may submit this waiver while in the United States to await adjudication of the waiver solely for their unlawful presence.
An I-601A waiver only waives the unlawful presence that the applicant has accumulated while in the U.S. which subjects the applicant to a 3 or 10-year bar. If the applicant has any other grounds of inadmissibility, the applicant will need to file for another waiver.
An I-601A waiver applicant will have to show that their U.S. citizen, lawful permanent resident spouse and/or parents will suffer extreme hardship if they are refused admission from coming back into the United States. It should be noted that the qualifying relative does not have to be the sponsor of the immigrant visa. Also, if the applicant has multiple illegal entries, the applicant will not be eligible for this waiver.
If the waiver is granted, the applicant may proceed with consular processing and will be allowed to come back into the United States with an immigrant visa as long as there are no other issues of inadmissibility besides the unlawful presence that was accumulated.
What Is An I-212 Waiver?
An I-212 waiver is for immigrant or non-immigrant visa applicants that have been ordered to be removed from the United States by an Immigration judge or were issued an expedited order of removal. When a non-U.S. Citizen is ordered to be removed from the United States, the person is inadmissible due to the order of removal. The U.S. government has to first give the applicant consent to reapply for admission to the country.
Typically, an alien is subject to the 5, 10 or 20 year-bar, which is a long time and the reason why most aliens apply for this waiver. An I-212 waiver is not needed if the alien waits outside the U.S. for the duration of the bar before seeking admission to the country.
An alien must obtain an I-212 waiver if they want to lawfully reenter the U.S. before the time bar expires. If an alien has a permanent bar, they will be required to obtain an I-212 waiver forever.
If you return to the country unlawfully without an approved I-212, this will lead to extremely serious consequences including a permanent bar and will force an alien to stay outside of the U.S. for at least 10 years before applying for an i-212 waiver. Also, the alien could be subjected to reinstatement of their removal and even criminal prosecution. Depending on a particular alien’s immigration history, it will determine what time bar the alien is subjected to wait outside the United States before re-applying.
Speak With A Top Immigration Waivers Law Firm In Boston, Ma To Learn More
If you have been deemed inadmissible for entry or permanent residency in the United States, you need the help of a skilled Boston immigration attorney from Toland Law, LLC. Due to the delicate nature of these forms and how just one mistake can set you back for years, it is vital to work with an attorney that can guide you through the process.
To schedule a consultation and learn more about your legal options, contact Toland Law, LLC by phone at (857) 347-3701 or fill out the contact form on our website.
