Waivers of Inadmissibility

In a perfect world, you would expect that your family member is able to adjust status or immigrate to the United States without any trouble, but that is not always the case. In some cases, mistakes from someone’s past may come back to haunt them when applying for a green card, legally referred to as seeking “admission” into the United States. These mistakes could be in the form of prior criminal offenses, prior misrepresentations made in an application, or for prior unlawful presence accrued in the United States.

A Waiver of Inadmissibility may provide an applicant to overcome issues that may render that person inadmissible to the United States.

In what situations can I use the waiver?

A waiver of inadmissibility, typically filed through Form I-601 (Application for Waiver of Grounds of Inadmissibility) is a discretionary application. It can be used during removal proceedings in Immigration Court, with an application for adjustment of status with U.S. Citizenship and Immigration Services, or is submitted to overcome a determination of inadmissibility following an interview with a consular officer.

It should be filed only if is determined that you qualify for a waiver, and it is important to understand the legal standard required to meet the waiver requirement.

Is it enough to file the Form I-601 alone if I need a waiver?

A waiver of inadmissibility is granted only at the discretion of an Immigration Judge, USCIS, or through a separate waiver review division following the consular determination. Supporting evidence needs to be provided with your waiver, and should be structured carefully according to the legal standard of review.

A successful waiver application will generally require a showing of “extreme hardship” to a qualifying relative. This is not an easy legal standard to meet, and it requires extensive discussion regarding your case and the need for a waiver.

Our firm will help review your eligibility for a waiver if it is determined that one is necessary, and will prepare a waiver package that best illustrates the circumstances appropriate to your situation in consideration of the legal standard.

Contact our office to speak with an attorney

Our immigration law firm has helped people throughout Massachusetts and across the United States in Waivers of Inadmissibility matters. If you have questions, call us to schedule a free initial consultation. Our law offices are located in Boston and Watertown, Massachusetts with easy access and ample parking. Visa and MasterCard are accepted.