I-601A Waiver
On January 3, 2013 the Department of Homeland Security announced a new regulation allowing individuals who have accrued
Skip to content If you’ve been deemed “inadmissible” to the United States by the US Citizenship and Immigration Services (USCIS), your only option is an immigration waiver.
One of the worst things that can happen when applying for immigration or a visa is to be found inadmissible. You may have work or a family in the United States, but as soon as you are deemed “inadmissible to the United States” you are separated from these important parts of your life. But that doesn’t have to be the end of the story. An immigration waiver prepared by an attorney from Los Angeles Legal Advocates can help you to overcome this hurdle through the application for an immigration waiver.
When the USCIS finds you inadmissible to the United States, your attorneys at Los Angeles Legal Advocates can resolve this with an immigration waiver. An immigration waiver is a request by an immigration waiver attorney to forgive the grounds for inadmissibility – whether those be health, criminal activity, fraud, prior removals, unlawful presence, national security, or any of the other USCIS laid out terms. If the grounds for inadmissibility are forgiven or overlooked, you can be granted a green card.
There are two main types of immigration waivers: Form I-601 or Form I-601A.
You may be found inadmissible before you enter the United States or after you’ve already arrived. The Form I-601 waiver may be used for those deemed inadmissible outside of the United States. Form I-601 may also be used to forgive other inadmissibility issues while in the U.S. including fraud or misrepresentation, among others. The Form I-601A is designed for those found inadmissible solely under INA 212(a)(9)(B), for unlawful presence, and who are already inside the US. In the case of a Form I-601A, your attorney will apply for the waiver before you have to leave the country. You will then return to your country of origin and apply for a green card at the US consulate or embassy. An approved I-601A waiver cures the 3 or 10 year bar.
Immigration waivers can be difficult to obtain, and each one has its own eligibility requirements. If you are applying for the Form I-601, you are eligible if:
You are outside the US and have been denied admissibility via a K- or V-visa during an interview at the consular’s office in your country of origin;
You are an applicant for Adjustment of Status (including under the Nicaraguan Adjustment and Central American Relief) to become a lawful permanent resident, or are an applicant for a Temporary Protected Status;
You are a VAWA self-petitioner or the child of a VAWA self-petitioner; or
You are applying for an Adjustment of Status as a T-nonimmigrant, or a based on a form I-360 (which has already been approved)
If, on the other hand, you are applying for the Form I-601A, you are eligible as long as:
Make sure to go over the instructions on each form carefully. Your immigration waiver attorney can help you choose the right waiver application and ensure that you are eligible.
On January 3, 2013 the Department of Homeland Security announced a new regulation allowing individuals who have accrued
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