If U.S. Citizenship and Immigration Services (USCIS) denied your I-485 application for permanent resident status, your immigrant visa application, or your Temporary Protected Status (TPS) application for “inadmissibility,” you may have the option to file an application for Waiver of Grounds of Inadmissibility (I-601).
Read on as an experienced South Florida immigration attorney with the Law Offices of Robert M. Bell, P.A., describes the process for I-601 waiver applications, eligibility for a waiver, and what documents you will need.
What Is a Waiver of Grounds of Inadmissibility (I-601)?
USCIS may deem a foreign national inadmissible for any of several reasons, including:
- Criminal history
- Unlawful presence
- Public health concerns
- Refusal to obtain required vaccines
- Fraud or misrepresentation
- Alien smuggling
If USCIS approves your application for Waiver of Grounds of Inadmissibility (I-601), you will be able to apply for permanent resident status, an immigrant visa, TPS or other immigration benefits.
Eligibility to Apply for the I-601 Waiver
To be eligible for the I-601 Waiver of Grounds of Inadmissibility, you must be able to prove that:
- You have a qualifying relative who would suffer extreme hardship if you cannot reside in the U.S. Depending on the basis for the waiver, the qualifying relative may be your U.S. citizen or lawful permanent resident spouse, parent, or child. To prove extreme hardship, USCIS will consider financial, emotional, psychological, and physical hardships to your qualifying relative if he/she is separated from you or relocates abroad.
- In some cases, you may only have to show that the incident resulting in your inadmissibility occurred more than 15 years ago and you are rehabilitated.
- If you are submitting an I-601 waiver of the vaccination requirement, you must show you are opposed to all vaccines based on religious beliefs or moral convictions.
What You Need for Your Waiver Application Based on Hardship
The more documentation you can provide about your situation, the more favorably USCIS will look at your case. Your documents should include:
- birth certificates
- marriage certificates
- health records
- financial records
- education records
- updated vaccination records
- skilled work certifications
- court documents showing time served
- records of community service
- testimonies from employers, religious officials, and community members
- records of personal achievements
You must also prepare a written statement to present your argument for how your presence in the U.S. will help your family member avoid hardship, as well as any other benefits your presence offers the country and community where you intend to live. This can include special education, skilled labor, or a history of community contributions in your home country.
You could face a delay in USCIS approving your application if you file your forms or documentation incorrectly. USCIS might also reject improperly completed forms. An experienced immigration attorney can help you gather the appropriate documentation and accurately complete your application for Waiver of Grounds of Inadmissibility I-601.
Contact Our South Florida Immigration Attorney to Help with Your Waiver Application
If you or a loved one needs to file an application for Waiver of Grounds of Inadmissibility (I-601) in South Florida, you can trust our team at the Law Offices of Robert M. Bell, P.A. Our bilingual team has years of experience helping immigrants and their families get approvals for permanent residents and TPS holders. Call us today at 954-241-4209 or contact us online.