Some people seeking entrance to the United States arrange all their documents, attend the Department of State immigrant or nonimmigrant visa interview, and still find themselves labeled “inadmissible.” This can be a stressful and heartrending experience, but don’t lose hope.
I-601 Waiver, or Application for Waiver of Grounds of Inadmissibility
If you find yourself inadmissible to the United States, you still have another means of getting a visa and/or adjusting your status or immigration benefits—the I-601 waiver. By visiting the U.S. Citizenship and Immigration Services website, you can download this 13-page document and the instructions for filling it out and mailing it in.
Do I Qualify for the I-601 Waiver?
First, you must determine if you are eligible for the wavier. Your consular officer should know your case, and the immigration law concerning it, best. He or she should have informed you whether or not you are entitled to seek a waiver. If your consular officer did not inform you at the time your inadmissibility was determined, attempt to contact them again to determine your status.
In general, the waiver is for those whose qualifying relative (a U.S. citizen or permanent legal resident) will suffer extreme hardship if the immigrant applicant is not given entry to the United States. If you and your family will undergo extreme hardship and you have enough evidence to prove it, you may qualify for the I-601 Waiver.
Completing the I-601
Fill out the entire form, paying special attention to ensure that your family name, mailing address, and date of birth are all correct. You can then file it with the particular department that matches the benefits you are looking for. The website includes a table that matches circumstances with the department that oversees them (for example, those filing under the Violence Against Women Act would file with the USCIS Vermont Service Center). The filing fee is listed on the website—$930 as of December 23, 2016—but you may be eligible for a fee waiver. See the website for more information.
Thousands of immigrants seek entrance to the United States every day. If you are well informed of your rights, you will have a higher likelihood of having your voice heard. If you have a case for us, or you need legal counsel, contact a Louisiana immigration attorney at Berry Appleman & Leiden LLP today.