Monthly Archives: April 2012

What is the Proposed Immigration’s New Waiver of Grounds of Inadmissibility Form?

Quite a mouthful to say: Waiver of Grounds of Inadmissibility. What is it? What is Inadmissibility? Certain foreigners, or under immigration law’s terms: “aliens”, “non-immigrants”, and “immigrants” coming into the United States can be determined to be inadmissible for many reasons. For instance, a foreigner could be inadmissible because of having committed certain crimes (for instance, prostitution, controlled substance violation under the laws and rules of any country related to the simple possession of thirty grams of marijuana, etc.); smuggling; having a communicable disease (as class A tuberculosis, gonorrhea, syphilis); persons with physical or mental disorders; having entered the United  States illegally; etc., etc.

The question then is, how does this foreigner can  ask the United States to “waive” this inadmissible condition he or she has under the law? The answer is: by filing with the United States an Application for Waiver of 0f Grounds of Inadmissibility Form I-601. This form has always been available. The difference is that, now, immigration services is considering making changes to the form to allow some immediate relatives of a United States citizen (as the citizen’s spouse, children, or parents) to obtain a provisional “waiver”  of their inadmissible condition (if they have a condition which makes him/her inadmissible) while remaining in the United States. Before, this immediate relative would have to go outside the U.S. and remain in his/her native country while serving a 3 to 10 year time penalty before coming back to the U.S.A. If this new form is approved by the government, the foreigner would be able to remain in the United States and submit his/her application for waiver and, then, wait inside the United States until his/her waiver is either granted or denied. If it is granted, the foreigner would have to leave the U.S and go to his/her native country and apply for proper entry documents, but it would not take as long a period of time as it does today.

Please notice that this new process in not in place yet. There may be unauthorized immigration practitioners who may claim, wrongly, that they can file a provisional waiver application at this time. Try to avoid those scams and protect yourself from them. Keep in touch through our News and Offers to find out when the process actually becomes available. If, and when it does, our Firm will be in a position to help you with the process.  Immigration will be determining the fees for the waiver, the documents that will be required, and the process to follow itself.

Also, note that these waivers are very difficult to present. It appears at first glance that they are very easy because of the nature of the I-601 form. However, it is the evidence, documents, and affidavits that go along with the forms which are the heart of the case. Immigration rules are very strict and must be followed. You may want to obtain the counsel of an attorney instead of attempting to process the waiver request on your own.

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