In certain cases, immigrants may have made a mistake that made them ineligible for readmission into the United States after they have left. However, in certain scenarios, there are waivers to inadmissibility available to aliens that can get them back into the country despite their mistake. The immigration process can be difficult and take a very long time. If you have a family member who has been in the country illegally, it is highly advised you find an attorney to represent your family’s interests. Our immigration attorneys in Houston can help you navigate the immigration process. You can have our lawyers review your case and help you understand all of your legal options when you call (832) 530-4070 to schedule a free initial consultation.
Waiver Information Center
Waiver Process
Obtaining a waiver of inadmissibility is usually done through the filing of an I-601 from the U.S. Citizenship and Immigration Services (USCIS). If you are applying for readmission after you have been deported or removed you will need to file an I-212 along with your I-601. After filing the application the USCIS and the consular office will review the application and decide whether you should be granted a waiver.
In order to be eligible to file an I-601 you must fall into one of these categories:
- Immigrant visa
- Attempting to adjust status
- K-1, K-2, K-3, K-4, or V nonimmigrant visa
- Temporary protected status
- Violence Against Women Act (VAWA) petition
- T nonimmigrant visa status holder filing for adjustment
- Nicaraguan Adjustment and Central American Relief Act
- Haitian Refugee Immigrant Fairness Act
Waiver Disposition
The applicant trying to obtain an inadmissibility waiver must convincingly present their case through their application as to why they should be granted a waiver. The following is a simple breakdown of scenarios where a waiver might be granted if an alien has been deemed inadmissible due to:
- Health-Related Reasons – If a person has been denied due to not having been vaccinated, a certification by a medical professional of vaccination may be enough to obtain a waiver.
- Unlawful Presence – If a person stayed in the country illegally for more than 180 days but less than a year then left and attempted to reenter, the alien could obtain a waiver if they show that refusal would cause extreme hardship to the U.S. citizen/lawful permanent resident spouse or the parents of the applicant.
- Misrepresentation – If a person misrepresented a material fact while attempting to obtain a visa and was denied admissibility because of it, they may be allowed a waiver if they can show that there would be an extreme hardship on the U.S. citizen/lawful permanent resident spouse or the parents of the applicant.
Waiver Resources
Application for Waiver of Grounds of Inadmissibility | USCIS – The U.S. Citizenship and Immigration Services is the body in charge of adjudicating inadmissibility. The link here will give you access to their page regarding I-601 applications. The page is very informative and breaks down the process in a simple way.
Provisional Unlawful Presence Waiver – The provisional unlawful presence waiver is an additional form of relief under the I-601 process. The unlawful presence waiver is relatively new and was designed to reunite certain inadmissible aliens with their family’s faster. Following the link will provide you with general information about the process, eligibility requirements, and application instructions.
Contact Immigration Waiver Attorneys in Harris County, TX
Do you need help with an immigration issue in Harris County? You will want to make sure that you contact The Gonzalez Law Group to see how we can help your case. Our Houston immigration lawyers help individuals throughout Harris County, Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park, Baytown and many others. Call (832) 530-4070 or fill out an online contact form to have our attorneys provide a complete evaluation of your case during a free, confidential consultation.
