Obtain A Waiver of Inadmissibility and Enter the United States

Since the beginning of immigration law, the United States government has created ways to create relief for people looking to immigrate to the United States that would otherwise be inadmissible. As your experienced immigration attorney, we are here to help you overcome that and stay in the U.S. So while there are several categories that make people inadmissible to enter the country, the right representation and legal aid can help you get a waiver for this. Individuals who are looking to overcome the status of inadmissibility are required to sign certain forms and provide documentation to prove their case. Contact the Law Offices of Anable & Rivera PC today to learn more.

What is a 601 & 601A Hardship Waiver?

There are different types of waivers that may be granted for an individual that has been considered inadmissible. Certain types of inadmissibility are either temporary or can be overcome by meeting certain requirements. An immigration attorney can advise you as to the best application and approach for your particular case.  These two waiver forms are similar but have significant differences. Most applications for waivers are done using the Form I-601, Application for Waiver of Grounds of Inadmissibility. 

How 601 & 601A are Different

Form I-601 

  • This is the application for waiver of grounds of inadmissibility and is filed outside of the United States.
  • The USCIS evaluates the circumstances of hardship created to the person’s relatives by the applicant’s absence. 
  • This is for an individual who is ineligible to be admitted into the country as an immigrant or is not able to adjust the status. 

Form I-601A

  • This is the application for a provisional unlawful presence waiver and is filed within the United States. 
  • Usually deals to waive unlawful presence 
  • A person must prove their spouse or parent will face significant hardship because of their absence. 
  • Even though the application is filed in the country, an applicant might be required to leave the country.

Why You May Need a Waiver of Inadmissibility

The United States government has several categories of inadmissibility that apply to people who have either entered the U.S unlawfully or fall under one of the following categories. They include inadmissibility due to: 

  • Health
  • Criminal reasons
  • National security reasons
  • The possibility of becoming a public charge
  • Lack of labor certification 
  • Fraud or misrepresentation 
  • Prior removals and/or unlawful presence
  • Other miscellaneous details 

Individuals able to apply for a waiver of inadmissibility might include:

  • A person applying for a Green card outside of the United States that was found inadmissible after an interview
  • A person in the U.S applying for an adjustment of status
  • An individual who currently holds temporary protected status
  • An applicant of the Haitian Refugee Immigrant Fairness Act applicant 
  • A Violence Against Women Act applicant 
  • And more

Obtaining a Waiver

If you are an individual seeking immigration status in the United States and are resisting removal due to being inadmissible, it is important to contact an experienced attorney. There is no single rule for succeeding in applying for this waiver; it will depend on many factors and only an experienced attorney can guide you in the right direction. 

How a Professional Law Firm Can Help

At The Law Offices of Anable & Rivera PC, we specialize in complex immigration cases. If you are suffering hardship because you are looking at removal, deportation, or the inability to enter the country, contact an attorney that can help you through the process.