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If you’re an immigrant attempting to enter the U.S., commonly to be granted permanent resident status through a “green card,” you must meet the criteria for “admissibility” under the approval of the USCIS guidelines and application.
However, your entry into the U.S. may be denied if you have grounds for inadmissibility. Some of these grounds to deny you entry could include:
- Substantial health issues
- A history of criminal conduct or behavior
- National security concerns
- A lack of labor or work certification
- Fraud or misrepresentation in any manner
- Current or previous unlawful presence in the U.S. and more
Under certain situations, filing a form I-601 can be used as an attempt to waive your particular grounds of inadmissibility. However, if the reason for your denial is on the current USCIS grounds for denial list (partially shown above), you may not be able to use form I-601 to file for the waiver you seek.
Your best course of action is to obtain the advice and counsel of a qualified, experienced immigration lawyer. With their professional guidance, they will ensure that waiver I-601 applies and is applicable to your situation.
If I Have Previous Grounds for Denial, Can Form I-601A Be Used?
The simple answer is yes, it can. For example, a usual scenario would be if you entered the United States without a visa and are currently already in the United States with no official status.
However, as noted in the above list, if you are unlawfully in the U.S., this can be grounds for inadmissibility. So, if you are inadmissible and leave the United States, you could be denied re-entry.
Therefore, form I-601A is used by those in the United States seeking a waiver of their unlawful presence based on various grounds, such as extreme hardship. This form, I-601A, may be filed even if you had previous grounds for denial based on the USCIS guidelines.
You should note, however, if you were in the U.S. for six months to a year. This will usually trigger a three-year bar to your re-entry. Also, if you were in the U.S. unlawfully for more than a year, it could trigger a 10-year bar to entry/re-entry.
So, by contrast, Form I-601A should only be used as an attempt to waive inadmissibility based on unlawful presence (or other grounds on the USCIS list) based on your current situation, such as extreme hardship.
No matter which waiver meets your needs, I-601 or I-601A, you should always consult with a skilled and thorough immigration law firm before you decide to move forward. Each situation differs, and your immigration lawyer will analyze your situation and know how best to meet your needs.
What Are the Usual Qualifications for an I-601 or I-601A Waiver?
Normally, you can use Form I-601 to apply for a waiver if you have previously been found to be ineligible to enter the U.S. or to adjust your status (and certain other visa categories) for specific grounds of inadmissibility. Once again, your immigration lawyer will know precisely which type of waiver applies best to your case.
Generally, to qualify for an I-601A waiver, you must be:
- 17 years old or older
- Currently present in the U.S. to file form I-601A and provide biometrics.
- Be in the process of obtaining your immigrant visa and have a pending case file.
- Not have additional or new grounds for inadmissibility.
Remember that these qualifications are general, and attempting to file either form without the professional advice and guidance of a skilled immigration lawyer will always be far more challenging.
I Need to File a Form I-601 or I-601A Waiver; How Should I Proceed?
It is always challenging to file either form, and the application for both is complex and overly burdensome. Also, it’s vital that you make the right choice and don’t file a waiver that does not apply to your situation.
It’s critically important that you work with an immigration law team with both professionalism and the experience that your case demands.
The experienced and winning immigration lawyers at Swagat USA will always stand by your side and be there for you and your family throughout this process. Call them today at 773-825-8695, and they will do everything possible to resolve your issues rapidly and work tirelessly to obtain a positive result.
