The U.S. Government has outline certain offenses that can make a person inadmissible to the United States. This means that some people are unable to apply to immigrant due to prior criminal activity, communicable diseases, immigration fraud and misrepresentation, membership in totalitarian groups, unlawful presence in the United Staes, and many other reasons. USCIS can allow people who would normally be inadmissible to immigrate by granting an inadmissibility waiver.

Common inadmissibilities:

  • Fraud or misrepresentation in previous immigration applications;
  • Unlawfully presence in the United States for more than 180 day during a single trip;
  • Unlawfully presence in the United State for a total of 1 year from a single stay or over a series of stays;
  • Unauthorized entry into the United States;
  • Removal or deportation from the United States

Requirements to Apply

  • Must have a qualifying U.S. citizen relative;

Required Forms

  • Form I-601, Application for Waiver of Grounds of Inadmissibility
  • Form I-601A, Application for Provisional Unlawful Presence Waiver

Required Government Filing Fees

  • $930 for Form I-601; –or–
  • $715 for Form I-1601A;

Required Documentation

  • Evidence of extreme hardship suffered by the U.S. citizen relative, including:
    • Medical records, letters from medical professionals, medical bills, etc.;
    • Psychological records;
    • Letters of support from family and friends;

The Process

  • Receive Form I-130 approval notice from USCIS;
  • Submit Form Form I-601A or Form I-601;
  • Receive biometrics notice if Form I-601A is filed;
  • If waiver is approved, submit documentation to the National Visa Center (NVC);
  • NVC schedules interview at U.S. Consulate overseas;
  • Applicant attends consular interview outside of the United States;