I-601 Application for Waiver of Grounds of Inadmissibility

If you are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, and you are inadmissible to the United States you must file this application to seek a waiver of certain grounds of inadmissibility.

There are several reasons why you may be determined to be “inadmissible” to the United States. The Grounds of inadmissibility that may be applied against you by U.S. immigration authorities and that can potentially be waived include, Health Related grounds, Criminal grounds, Fraud or Misrepresentation charges/violations, Unlawful Presence in the United States, a Prior Removal/Deportation order, and others. Based on this inadmissibility, U.S. immigration authorities may deny your application for a visa or adjustment of status.

Depending on the charges against you and the type of visa for which you are applying, most waivers are adjudicated by DHS and DOS based on discretionary standards with much leeway given to the judgment of the examining officer. Therefore, preparing a compelling waiver brief with strong supporting evidence, and knowing how to most effectively present this to U.S. immigration authorities is absolutely critical to the waiver’s success. Therefore, having an experienced, knowledgeable attorney is extremely important and beneficial.

I-601A Application for Provisional Waiver

lat_famSince March 4, 2013, certain immigrant visa applicants who are spouses, children or parents of U.S. citizens can apply for a provisional unlawful presence waiver before they leave the United States for their consular interview.

Foreign nationals who are not eligible to adjust their status in the United States must travel abroad in order to obtain an immigrant visa. If a person has accrued more than 180 days of unlawful presence while in the United States he/she must obtain a waiver of inadmissibility to overcome the unlawful presence bars before they can return. Previously, these foreign nationals could not apply for a waiver until after they had appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer had determined that they were inadmissible to the United States.

The provisional unlawful presence waiver process allows immediate relatives who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

This new process was implemented to shorten the time that U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

I-212 Permission to Reapply after Deportation

If you have been deported from the United States, you are inadmissible and barred from visa eligibility for five, ten, or 20 years, and possibly permanently, depending on the reason for your removal. If you want to reenter the U.S. before the expiration of your inadmissibility you must first apply for “permission to reapply” or “consent to reapply” for a visa.

Deportation Defense

depor_picRemoval proceedings require specialized knowledge of important court decisions in several different federal court systems along with the interpretation of immigration laws, statutes, regulations and policy. Removal proceedings carry potentially profound and severe consequences if defended unsuccessfully. Families can be separated permanently. Family members raised in the US may be forced to leave with their deported spouse, parent or sibling to an unfamiliar country which they have no knowledge of. The deported foreign national may also be barred from ever returning to the United States.

Therefore, we strongly recommend that any individual facing removal proceedings immediately seek representation from an experienced immigration attorney. Please, if you find yourself in this situation or know someone who does, do not hesitate to contact us with any questions.

Phone: 404-400-1774
Fax: 470-443-1661
4643 Buford Dr.
Chamblee, GA 30341