Waivers

A person who is not inadmissible or unable to adjust his/her status may obtain lawful admission by filing an application for waiver of the grounds of inadmissibility.

Grounds of inadmissibility include:

  • Failure to possess required documentation such as green cards, US passports or visas
  • Health-related grounds such as communicable diseases,and behavioral disorders
  • Certain criminal grounds such as crimes involving “moral turpitude,” controlled substances, prostitution and other serious offenses
  • Immigration fraud or misrepresentation
  • Membership in a totalitarian party
  • Alien smuggling
  • Unlawful presence in the US
  • Inadmissibility based on prior removal or unlawful presence after prior immigration violations
  • Unlawful presence after a prior immigration violation
  • Likelihood to become a public charge – in jail, on welfare

The most common waivers include:

  • I-601 – Inadmissability Waiver for an Intending Immigrant – Green card applicants (and those applying for a K-1 or K-3 visa) who are denied the visa either when applying at a US Embassy or Consulate abroad or when adjusting status in the US will be given the chance to file a 601 waiver if their ground of inadmissibility is waivable. Typical grounds of inadmissibility that can be waived with a 601 waiver include: entry without inspection, visa overstay, various criminal convictions and crimes of moral turpitude, fraud, and misrepresentation.
  • I-212 – Deportation Waiver – This waiver is used for individuals previously removed with a prior deportation order, individuals who failed to timely depart upon an order of voluntary departure, and individuals subject to expedited removal.

Waivers may be granted for the following reasons:

  • The risks to the public are minimal
  • The waiver serves the public interest
  • The waiver would maintain family unity

For more information about these services, please schedule a consultation at 978-905-9992.

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