What Is A Waiver Of Grounds Of Inadmissibility
“Inadmissibility” is a type of denial that can feel completely defeating when pursuing citizenship, a green card or even a temporary visa. However, inadmissibility grounds denials are not the end of your application, and you have the opportunity to pursue a waiver of inadmissibility.
At Robert M. Bell, P.A., we are skilled immigration attorneys who consistently resolve the immigration inadmissibility problems facing our clients. We’re dedicated to helping people across Florida move through the immigration process with confidence.
What Does USCIS Deem ‘Inadmissible’?
The U.S. Citizenship and Immigration Services (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
However, if USCIS approves your Form I-601, Application for Waiver of Grounds of Inadmissibility, you will be able to apply for permanent resident status, an immigrant visa, temporary protected status (TPS) or other immigration benefits. To be eligible to apply for the 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 they are separated from you or relocate abroad.
- In some cases, you may only have to show that the incident resulting in your inadmissibility occurred more than 15 years ago and that you are rehabilitated.
- If you are submitting a Waiver of Vaccination Requirement, you must show that you are opposed to all vaccines based on religious beliefs or moral convictions.
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 approval of your application if you file your forms or documentation incorrectly. USCIS might also reject improperly completed forms. An experienced immigration lawyer can help you gather the appropriate documentation and accurately complete your application for a waiver of grounds of inadmissibility.
Contact South Florida Immigration Attorneys To Help With Your Waiver Application
If you or a loved one needs to file Form I-601, Application for Waiver of Grounds of Inadmissibility, in South Florida, you can trust us at Robert M. Bell, P.A.. We are a bilingual team that has years of experience helping immigrants and their families get approvals for permanent residents and TPS holders. Call us today at 954-400-3156 or contact us online.