I-601A Inadmissibility Waiver vs Nonimmigrant waivers

I-601A Inadmissibility Waiver vs Nonimmigrant waivers

If you are not eligible to be admitted in the United States, call us today at (619) 746-8879

There are many grounds of inadmissibility for immigrants and nonimmigrants who attempt to enter the United States that depend on different factors.

Immigrants are those people that have the ultimate objective of residing permanently in the United States and a nonimmigrant is someone who simply wants to visit or study and then leave. Both immigrants and nonimmigrants can be considered inadmissible on several grounds, the most common is an illegal presence in the country.

What is the inadmissibility waiver I-601A?

The inadmissible waiver for illegal presence is known as Form I-601A[1]  and only certain family members of legal permanent residents or citizens are eligible to apply for it, such as spouses and parents. It starts once the applicant’s I-130 petition has been approved and they must file evidence that demonstrates extreme hardship that their “qualifying relatives” will experience as a consequence of applicant’s absence from the country or if the qualifying relative is forced to live in the applicant’s native country with the applicant.

If you are approved for an I-601A waiver, it does not mean that you will obtain a visa. It also requires that the applicants leave the United States and the entire process will be done at a consulate office. There, an agent will review the immigrant’s history, take their fingerprints and check if they have been involved in any sort of criminal activity.

However, this process is very complex and we recommend to obtain legal advice from an immigration attorney.

What are nonimmigrant waivers?

When a nonimmigrant is denied a visa (B1/B2, E-1, E-2, F-1, F-2, F-3, H-1B, J-1, K-1), which can be for tourism, employment or studies, it can be for inadmissibility reasons such as criminal activity, health issues, financial issues, or others. If this happens, the person can apply for a nonimmigrant waiver, which equals to an opportunity that the US Government provides in some cases so that he or she can waive the inadmissibility grounds and obtain a visa. This waiver is known as the 212(d)(3) waiver. Read more about it on our website here.

For immigrant visas (Green Cards) some serious cases cannot be waived, such as a conviction for cocaine possession. However, for nonimmigrant visas, the law does not prohibit filing a waiver in cases that could be considered to be even more serious, such as murder. It is a discretionary form of relief and, depending on the inadmissibility reasons, it can be hard to obtain.

The Government will look into the following factors in order to assess whether someone is eligible for a nonimmigrant waiver or not:

• The risk of harm to society if the applicant is admitted;
• The seriousness of the underlying cause of the applicant’s inadmissibility;
• The nature of the applicant’s reason for wishing to enter the United States;
• The nature of the offense;
• The circumstances which led to the offense;
• How recent the offense occurred;
• Whether it was an isolated incident or part of a pattern of misconduct;
• Evidence of reformation or rehabilitation.

You can apply for a waiver at a US Consulate abroad. Nonetheless, if you have been considered inadmissible into the United States, contact Kannan Law in California where we practice immigration law and we are sure we can evaluate your personal situation and offer you the best possible professional advice.