I-601 Waiver
The I-601 waiver, also known as the Application for Waiver of Grounds of Inadmissibility. It is submitted to the U.S. Citizenship and Immigration Services (USCIS) by certain noncitizens who are deemed inadmissible due to various grounds, such as criminal offenses, prior fraud or misrepresentation, immigration violations, or health-related issues. The purpose of the I-601 waiver is to request an exemption or forgiveness for the inadmissibility, allowing the individual to enter the United States or adjust their immigration status despite the grounds that would typically render them ineligible. The waiver application requires substantial evidence and a convincing argument to demonstrate that the denial of admission or status adjustment would result in extreme hardship to a qualifying U.S. citizen or permanent resident spouse or parent. The USCIS carefully reviews each I-601 waiver application on a case-by-case basis to determine whether the waiver should be granted.
I-601A Waiver
The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is a critical tool in U.S. immigration law that aims to unite families and offer relief to certain undocumented immigrants. This waiver specifically addresses the unlawful presence bar, which prevents individuals who have accrued more than 180 days of unlawful presence in the U.S. from returning after departing to complete their immigrant visa processing. The I-601A waiver allows eligible immediate relatives of U.S. citizens to apply for a waiver of the unlawful presence bar before leaving the country for their consular immigrant visa interview, thereby reducing the time spent separated from their loved ones. To qualify, applicants must demonstrate that their U.S. citizen spouse or parent would suffer extreme hardship if they were not allowed to return to the United States, providing a pathway for many individuals to pursue lawful permanent residency without facing prolonged family separation.
I-212 Waiver
The I-212 waiver, also known as the Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Noncitizens who have been previously deported, removed, or who have departed the United States under certain circumstances may be subject to a specified period of inadmissibility. This means that they are not allowed to reenter the U.S. for a certain period after their departure or removal.
The I-212 waiver provides a mechanism for those individuals to request permission to reapply for admission into the United States before the expiration of the designated inadmissibility period. The waiver application requires the individual to demonstrate strong reasons or compelling factors justifying their reentry to the U.S. despite their previous removal or deportation.
Similar to the I-601 waiver, the I-212 waiver is considered on a case-by-case basis by the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State, depending on where the individual is applying from. The waiver is not automatically granted and is subject to careful evaluation of the applicant’s circumstances and supporting evidence. It is crucial for the applicant to provide persuasive evidence to show that their reentry would not be detrimental to the interests of the United States and that they have a legitimate reason for seeking to return.
- →212(a)(6)(8) →212(a)(6)(C)(i) →212(a)(9)(A)(i) →212(a)(9)(B)(i)
- →212(a)(9)(B)(ii) →212(a)(9)(B)(v) →212(a)(D)(iv) →212(d)(3) Waivers
- →212(g) Waiver →212(h) Waiver →212
Fraud Waiver
237(a)(1)(H) Waiver
People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). The 237(a)(1)(H) waiver is only available in removal proceedings, as a defensive form of relief; a person cannot apply for this waiver if they are not presently in proceedings. If granted, it allows a permanent resident to keep their LPR status notwithstanding the underlying fraud or misrepresentation. To qualify for a 237(a)(1)(H) waiver of deportability, the person must:
• Be the spouse, parent, son, or daughter of a U.S. citizen or permanent resident;
• Have been in possession of an immigrant visa or equivalent document; and
• Otherwise, be admissible at the time of admission to the United States.