United States Waiver of Inadmissibility

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An Application for a Waiver of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a Bureau of the U.S. Department of Homeland Security (DHS).

Contents

[edit] Otherwise Inadmissible persons

Persons may be inadmissible to the United States for any one of the grounds for excludability listed below. [1]

[edit] Health Related Problems

  • communicable diseases
  • physical or mental disorders
  • drug abusers or addicts

For some disorders, including HIV, waivers are available.

[edit] Criminal and Related Violations

  • crimes involving moral turpitude
  • drug offenders and controlled substance traffickers
  • multiple criminal convictions when the total sentence was five years or more
  • prostitutes and commercialized vice
  • criminals involved in serious criminal activity who have received immunity from prosecution

[edit] Persons who Seek Employment in the U.S. without Approved Labor Certifications and Employment Qualifications.

[edit] People Likely to Become a Public Charge on Welfare

[edit] Security and Related Violations

  • spies, saboteurs or terrorists
  • persons whose entry would endanger U.S. foreign policy
  • voluntary members of Communist or other totalitarian parties
  • Nazis

[edit] Illegal Entrants and Immigration Violators

  • persons who enter the U.S. without being admitted or paroled at approved ports of entry - usually what is considered EWI - Entry Without Inspection and stayed in the U.S. for more than 180 consecutive days. Mainly Mexicans crossing the Mexico/US border with the help of smugglers.
  • persons who were previously deported - whether it was forced deportation or voluntary departure.
  • persons who made misrepresentations during the immigration process - there is a huge variation on what is considered misrepresentation, some aliens come to the US on vacation and overstay, others come with the intention of staying.
  • stowaways
  • smugglers of illegal aliens

Definitions of inadmissibility are loosely defined, although some are obvious (EWI, obvious misrepresentation).

[edit] Document Violations

  • any alien, "other than an alien lawfully admitted for permanent residence" who "was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States ... and again seeks admission within 3 years of the date of such alien's departure or removal, or ... has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States" [2])

[edit] Falsely Claiming U.S. Citizenship and Draft Evaders

Someone can falsely claim to be a U.S. Citizen in a variety of ways both verbal and written, including checking off box #1 under "I attest, under penalty of perjury, that I am (check one of the following):" on the I-9 form [3] that is filled out to verify eligibility for employment [4]. Being charged with falsely claiming to be a U.S. Citizen carries a lifetime ban with no possibility of waiver at this time.

[edit] Miscellaneous Grounds

  • practicing polygamists
  • guardians accompanying helpless aliens
  • International child abductors and relatives supporting abductors

[edit] To gain legal entry to the United States, applicants will need to:

  1. apply for a Waiver of Ground of Excludability [5] (form I-601 [6]) and be approved by the Department of Homeland Security based on "extreme hardship" to their U.S. Citizen or LPR (legal permanent resident, or "green card" holder) spouse or fiancé, or (depending on the situation) U.S. Citizen or LPR parent or child [7], and/or
  2. correct the conditions that rendered them excludable, such as health.

[edit] Procedures

Applicants may download the form (I-601) from the USCIS website [8] and fill it out online. Instructions on how and where to submit the form and payment are also on the USCIS website. The fee is currently $545 to submit this application.

[edit] External links