Benefits of An Immigration Waiver

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If you have been refused a visa or any other immigration benefit, not all is lost. You may still be able to fix the issue by submitting an I-601 waiver application. An I-601 waiver, or Application for Waiver of Grounds of Inadmissibility, is a document used by some immigrant applicants who are not eligible for a visa, adjustment of status, or immigration benefit. 

Ineligible candidates must file Form I-601 to US Citizenship and Immigration Services (USCIS) to have their grounds of inadmissibility waived. The benefit determines the eligibility of an application for a waiver sought and the cause for their inadmissibility. To learn more, talk to an experienced Immigration Attorney today. 

Who can file an I-601 waiver? 

Applicants who may file an I-601 waiver are: 

  • Applicants seeking legal permanent residence by modification of the status
  • Applicants seeking an immigrant, K, or V nonimmigrant visa (who are currently outside the United States, have had a visa interview, and were declared ineligible during the interview)
  • Those seeking Temporary Protected Status
  • Those seeking to adjust their status under the Haitian Refugee Immigration Fairness Act 902 or the Nicaraguan Adjustment and Central American Relief Act 202 
  • Applicants seeking an immigrant visa or adjustment of status as a self-petitioner under the Violence Against Women Act (VAWA) or the child of a VAWA self-petitioner 
  • Applicants seeking a change of status under the T nonimmigrant category
  • Applicants for Special Immigrant Juvenile Status based on an authorized Form I-360 

It is crucial to note that the grounds of inadmissibility that may be waived differ according to the kind of applicant, so consult with an expert attorney to get the most precise information and the best legal advice. 

How Does USCIS Determine Whether an I-601 Waiver Is Approved? 

While there are numerous grounds on which an applicant can be found inadmissible, below are a few examples to show when USCIS will approve a 601 waiver. 

Health-related grounds 

Applicants may be declared disqualified if they do not provide documentation of having had all the needed vaccines. However, USCIS may grant a waiver of vaccination inadmissibility if the following conditions are met: 

  • The applicant has had vaccinations as required.
  • A trained medical officer certifies that the vaccination is not medically necessary.
  • The DHS Secretary determines that forcing vaccinations would be incompatible with the applicant’s religious views or moral convictions. 

Misrepresentation 

An applicant is inadmissible if he or she knowingly misled or misrepresented significant information when applying for a visa, admission to the United States, or any other benefit under the Immigration and Nationality Act (INA). Speak to an experienced attorney today to learn more.