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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