Archive for category: Waivers

Immigrants seeking permanent resident status, or a U.S. “green card” must meet specific criteria under United States Citizenship and Immigration (USCIS) guidelines. If your entry or reentry to the U.S. is denied, waiving your grounds for inadmissibility may be possible. Learn about I-601 and I-601A waivers, how they differ, and who qualifies for each.  

If you are facing an immigration challenge, trust Miami immigration appeals attorneys at Bassey Immigration Law Center, P.A., to explore all possible solutions to reach a positive outcome. Schedule an affordable consultation to get started today.  

What Are the Grounds for Inadmissibility?  

Individuals who are “inadmissible” are not permitted to enter or remain in the U.S. under certain grounds listed in the Immigration and Nationality Act.  

These grounds can be grouped into a few general categories. Individuals may be inadmissible due to the following:  

• Health: including those with a communicable disease or individuals who do not obtain the necessary vaccinations.  
• Criminal reasons: includes substance abuse law violations, crimes involving moral turpitude, human trafficking, and applicants with multiple criminal convictions.  
• National security reasons: individuals suspected of entering the U.S. to engage in terrorism or unlawful activity against the government. 
• Likelihood of becoming a public charge: someone who may become dependent on the government based on age, health, employment, and other factors.  

• Lack of labor certification: immigrants are not permitted to work in the U.S. if employment would adversely impact U.S. workers or if native workers are available to perform these jobs. 
• Fraud or misrepresentation: individuals who willfully misrepresent facts or falsify immigration documents.  
• Prior removals/unlawful presence: inadmissibility for individuals who remain in the U.S. longer than 180 days (about 6 months) without documentation and those who have been removed or deported.  
• Miscellaneous grounds of inadmissibility include persons entering the U.S. illegally, student visa abusers, and individuals who failed to attend immigration/removal hearings. 

In some circumstances, you can file Form I-601 or Form I-601A to waive your specific grounds for inadmissibility and regain the right to seek a green card.   

I-601 Waiver  

With a few exceptions, the I-601 waiver can be filed for a wide range of inadmissibility grounds. The goal is to convince USCIS to reevaluate your request and why you were considered inadmissible.  

Along with Form I-601, you should provide extensive documentation to justify the waiver. The evidence should specifically relate to your grounds for inadmissibility. It’s also helpful to show how an immediate relative will experience extreme hardship if you cannot enter or remain in the U.S.  

An immigration waiver lawyer at Bassey Law can evaluate your situation, determine if requesting a waiver makes sense, and help prepare your documentation. As noted above, waivers are not available to everyone. You cannot use Form I-601 if you were denied for drug trafficking, drug abuse, espionage, sabotage, terrorism, or participation in genocide.  

I-601A Waiver  

Unlike Form I-601, the I-601A Waiver Grounds for Inadmissibility only applies to one ground for inadmissibility: unlawful presence.  

Unlawful presence is when a person is in the U.S. without the proper documents, like a visa or Green Card. It is also considered being admitted or paroled or when they are not in a “period of stay authorized by the Secretary.” Depending on the circumstances, the penalty for unlawful presence may include a three-year, ten-year, or even permanent bar from returning to the U.S.  

If you are eligible, you can file an I-601A waiver and wait for it to be processed in the U.S. Once the waiver is approved, you can return to your home country and proceed with consular processing to obtain your immigrant visa. 

Generally, to qualify for an I-601A waiver, you must:  

• Be age 17 or older 
• Be currently in the U.S.  
• Complete Form I-601A 
• Provide biometrics  
• Have a pending immigrant visa application 
• Not have additional or new inadmissibility grounds  

If you have additional grounds for inadmissibility besides unlawful presence, you may need additional waivers. However, an I-601A approval is typically a good sign that an I-601 waiver will also be approved. To avoid unwelcome surprises, always be transparent with your Florida immigration lawyer so they can recommend the appropriate guidance for your situation.  

For example, if you are approved for I-601A and you leave the country to start the visa process, and another ground for inadmissibility is discovered, your I-601A approval may be rescinded. In that case, you must file an I-601 for the new grounds and unlawful presence.  

Miami Immigration Appeals Attorneys at Bassey Immigration Law Can Help  

While numerous grounds exist for inadmissibility, only a few can be waived. Our immigration appeals legal team carefully reviews your case to determine if you qualify for a waiver. If so, we lead you through the process to prevent delays and errors that can jeopardize your case—and your immigration status.  

Florida immigration waiver lawyers at Bassey Immigration Law Center know the law and have helped clients like you overcome similar immigration challenges. Schedule an appointment to learn how we can support you. With offices in Tampa and Clearwater, we proudly assist clients across Florida.  

Individuals who are ineligible for immigrant status in the United States can request a waiver of their ineligibility by filing a Form I-601. However, the UCSIC denies between 25% and 35% of those requests. You can improve your chances of having your waiver request approved if you have a better understanding of why it might be denied. 

The FL immigration appeals lawyers at the Bassey Immigration Law Center help individuals to request waivers with a Form I-601 application when they have temporarily lost their ability to procure legal immigration status in the United States. We use our knowledge and experience to avoid the most common causes for an I-601 rejection. 

What are the most common reasons for an I-601 rejection? 

I-601 denials are not limited to a small number of reasons, but immigration officials commonly deny I-601 waiver applications because: 

• The applicant did not provide sufficient convincing evidence with the waiver application to substantiate the need for a waiver. Evidence can include documents and affidavits that verify the extreme hardship that the applicant might face if the waiver is not approved, and proof that the applicant has been rehabilitated such that the previous reasons for denying the applicant’s immigration status are no longer valid. 
• The applicant’s evidence does not adequately demonstrate that the rejection of immigration status would cause extreme hardship for the applicant’s spouse, parent, or some other permanent U.S. resident. 
• The applicant made mistakes when completing their Form I-601. The application is not complicated, but parts of it may be confusing to a non-resident who is not familiar with official documents. Applicants can avoid making simple mistakes by hiring  Immigration waiver attorneys in FL to help them complete and submit the Form. 
• The applicant made mistakes when completing their Form I-601. The application is not complicated, but parts of it may be confusing to a non-resident who is not familiar with official documents. 
• The applicant is facing pending criminal charges or has other legal issues. Criminal charges or convictions can create significant difficulties for I-601 waiver applicants. Talk to an I-601 waiver lawyer about how these matters can be addressed when you are preparing your waiver application. 

How can an I-601 applicant avoid a waiver denial? 

You will never get a guarantee that your I-601 waiver request will be approved, but you can do a few things to reduce the chances that your application will be denied: 

• Organize all of your evidence before you start to fill out your Form I-601, including affidavits from family members and other relatives, medical records, bank statements, and other financial documents and materials. 
• Write a compelling narrative of why you or your family would experience extreme hardship if your waiver request is denied, with details of the psychological, financial, and medical challenges that denial would impose on them. 
• Answer questions honestly and directly. Check your answers to verify that they are consistent with each other. 
• Address your criminal matters and other legal issues before you submit your Form I-601. 
• Work with an experienced I-601 immigration attorney to advise you throughout the waiver application process. 

Contact Florida immigration appeals lawyers  

You will spend a fair amount of time, energy, and financial resources to file for an I-601 waiver. You can improve your opportunity to get value back for your efforts when you hire a knowledgeable immigration appeals lawyer from the Bassey Immigration Law Center in Tampa, Florida.  

We represent clients across the United States in matters that include I-601 waiver applications and other immigration issues. Please call our offices to speak with an attorney about your immigration matter today.  

If you’ve been declared inadmissible to immigrate into the U.S., you still have one option left: the Waiver of Inadmissibility. Immigrants are part of the United States’ foundation. Florida welcomes fortune seekers, adventurers and the persecuted. The country as a whole is a haven for those who wish religious and political freedom; it is also a sanctuary for a broad array of cultural and ethnic groups. We often represent clients prohibited by law from entering or remaining in the United States. 

According to the Office of the Law Revision Counsel of the United States House of Representatives, although people from around the globe can immigrate to America, there are several grounds of inadmissibility that may prevent you from coming into or staying in the country. 

Criminal and related grounds 

You may be inadmissible to the U.S. if you admit to committing or have a convicted of particular offenses on your record. Crimes involving moral turpitude encompass deceit or fraud and those categorized as depraved, base or vile. CIMT examples include arson, murder, rape, theft and murder. 

If an immigration officer has reason to believe or knows that you are guilty of a drug-related offense, including trafficking, it can make you inadmissible. The same is true for human trafficking, prostitution and money laundering. A conviction record is not necessary for declaring you ineligible for a green card or visa. 

Aliens previously removed 

If you received deportation orders and left the country, you are inadmissible. However, depending on the reason for your removal, it may not be for life. For individuals in the U.S. unlawfully for more than 180 days and less than a year, they are inadmissible for three years. Those who reside here illegally for more than a year are inadmissible for ten years. 

There are also several security and health-related grounds that can cause inadmissibility. Depending on the reason, there may be exceptions and waivers available. Visit our webpage for more information on this topic.