Inadmissibility refers to individuals who are legally prohibited from entering or staying in the United States. There are various categories of inadmissibility, including health-related issues, criminal activity, national security concerns, public charge, fraud and misrepresentation, prior removals, unlawful presence (overstaying a visa), and others. In certain cases, individuals may be eligible for a waiver, which provides legal forgiveness for the grounds of inadmissibility.
Not everyone falling under a category of inadmissibility requires a waiver. Some examples include individuals who have been victims of domestic violence, abuse, or extreme cruelty, victims of human trafficking, and minors. It is recommended to consult with an experienced immigration attorney to determine if a waiver is necessary in your specific situation.
The requirements for obtaining a waiver depend on the category of inadmissibility. The most common categories are entry without admission or parole and overstaying a visa. In these cases, the applicant must prove that a qualifying relative (spouse, parent, or child) who is a U.S. citizen or Green Card holder would experience extreme hardship if the intending immigrant is required to return to their country of origin or if the U.S. citizen or Green Card holder has to relocate to the intending immigrant’s country of origin.
Extreme hardship refers to negative factors that exceed the normal circumstances that a qualifying relative (U.S. citizen or lawful permanent resident spouse, parent, or child) would experience if the intending immigrant is not allowed to enter or remain in the United States. Extreme hardship may be related to family ties, social and cultural impact, economic impact, health conditions, and conditions in the intending immigrant’s country of origin.
The scope of Form I-601A is narrower compared to Form I-601. Form I-601A is used specifically for waivers of provisional unlawful presence. On the other hand, Form I-601 is used to waive other grounds of inadmissibility as permitted by the law.
Another distinction is that Form I-601A is filed from inside the United States, allowing the intending immigrant to return to their country of origin for the consular interview. Form I-601 can be filed from either inside or outside the United States.
Individuals in the United States with an approved immediate relative petition who believe they are inadmissible solely due to unlawful presence in the United States may be eligible for a provisional unlawful presence waiver. The intending immigrant must be seeking an immigrant visa through the consular process at a U.S. Embassy or consulate abroad. Form I-601A can be filed after the Petition for Alien Relative is approved, the case is transferred to the National Visa Center (NVC), and payment of the DS-260 fee for an immigrant visa is made (with receipt).
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