Who Qualifies for a Waiver of Inadmissibility?

Being designated as inadmissible to the United States can completely upend your plans. You may already have plans for your career and family in the country, and now you’re learning that you won’t be granted entry. Before you give up on this whole endeavor, remember that you can still apply for a waiver of inadmissibility.

A US immigration waiver of inadmissibility could be your ticket to resolving this massive headache. We at Esani & Momin, P.C. can help you obtain that waiver so don’t hesitate to approach us if you need assistance.

Causes of Inadmissibility

Why would you be deemed inadmissible to the United States? Immigrants may be designated as inadmissible for different reasons. The people in charge are simply taking cues from the Immigration and Nationality Act to determine which individuals are inadmissible.

According to the United States Citizenship and Immigration Services, applicants for entry to the country may be designated as inadmissible due to health concerns, criminal reasons, national security reasons, and a lack of labor certification. Your application may also be denied entry if the government sees you as someone who could become primarily dependent on the state for your daily needs.

An applicant’s history can also determine if they will be deemed inadmissible or not. You may be denied entry because of prior removals from the country. If you were in the country unlawfully before, that could also play a role in the immigration department designating you as inadmissible.

Misrepresenting facts about your current status is also grounds for inadmissibility. There are also miscellaneous causes of inadmissibility that the immigration department may cite in your case.

How To Qualify for a Waiver of Inadmissibility

A waiver of inadmissibility is a document that can make you eligible to receive certain immigration benefits even if you were designated as inadmissible. It’s the document you will need if your application has hit a snag because of the reasons we mentioned above. To obtain that waiver, you will either have to file Form I-601 or Form I-601A.

Form I-601 Applicants

You will need to submit Form I-601 if you are outside of the United States and you were deemed inadmissible following your interview with a consular officer. Those who are applying for Temporary Protected Status or an Adjustment of Status based on different grounds may also be required to submit this form to qualify for a waiver of inadmissibility.

This document will also help if you are an applicant for Adjustment of Status as a Violence Against Women Act self-petitioner. The same holds true if you are the child of that applicant.

Form I-601 Applicants

The immigrants who should submit Form I-601A are those who already reside in the United States. Or you must also have a visa case pending with the Department of State to qualify. Lastly, only applicants who are at least 17 years old can submit Form I-601A.

Applicants must also provide several pieces of evidence if they want their petition to succeed. Work closely with Sugar Land immigration lawyers if you need help gathering evidence for your application.

Sugar Land Immigration Attorneys

Consider hiring Sugar Land immigration attorneys if you are pursuing a waiver of inadmissibility. Hiring an attorney is highly recommended because they can help you obtain all the necessary documents for your petition. They can also guide you through the process to ensure that you are managing each step correctly.

If an issue does arise, your attorney will also be able to provide valuable counsel. They can help you figure out what to do in certain situations to further increase the chances of you obtaining that waiver of inadmissibility.

Reach out to us at Esani & Momin, P.C. if you need the help of an immigration lawyer. With our help, you will be able to make your way through this complex process with greater ease.