In order to be admitted into the United States or allowed to remain here, you must be deemed as “admissible.” Under U.S. immigration law, certain foreign nationals are not allowed into the country based on specific behaviors or conditions. Should you be declared inadmissible, however, you may be able to apply for a waiver of inadmissibility that would grant you admissibility.
The Borjas Law Group, LLC., can determine if you are eligible for such a waiver and guide you through the process. Our Chicago lawyers can assist with your application and build a strong claim to support your request for admissibility.
If you are seeking a waiver of inadmissibility, call us at 312-788-2783 or contact us online.
You may be declared inadmissible for any number of reasons.
Examples include but are not limited to:
There are two primary waiver application forms: Form I-601 and Form I-601A.
Form I-601 (Application for Waiver of Grounds of Inadmissibility) applies to a wide range of situations. If you are seeking an immigrant visa, adjustment of status, or certain nonimmigrant statuses, you will likely need to file this form. It covers waivers based on health-related grounds, criminal grounds, fraud or misrepresentation, alien smuggling, unlawful presence bars, and more. The applicable requirements vary based on the reason given for your inadmissibility.
Form I-601A (Application for Provisional Unlawful Presence Waiver) is for those who have accrued unlawful presence in the US and face a three- or ten-year bar upon departure. This form allows applicants to apply for provisional waivers before they leave the country for a consular interview. It is a standalone application and cannot be filed alongside other petitions or requests.
The Chicago immigration attorneys at Borjas Law Group, LLC., can assess which form applies to your situation and ensure your application meets all filing requirements.
The first step in obtaining a waiver is to determine your eligibility. The requirements for proving your eligibility will depend on why you were declared inadmissible. Therefore, each case must be carefully reviewed by an attorney who understands how best to proceed.
Once your attorney prepares your application, it will be examined by the USCIS. These officials will evaluate the basis for your application and determine whether it has enough merit to be approved. Because each case is different, this is a subjective process that is governed by strict rules.
For many inadmissibility waivers, the central question USCIS will ask is whether denying your application would cause “extreme hardship” to a “qualifying relative.”
USCIS considers a range of factors to determine whether a denial would cause extreme hardship to a qualifying relative, including:
It takes more than a simple statement that your family would suffer to meet the extreme hardship standard. You must present specific, well-documented evidence that speaks to the specific circumstances of your qualifying relative. It is worth noting that extreme hardship to you personally does not satisfy this requirement. USCIS focuses specifically on the impact on the qualifying relative.
Our immigration lawyers know how to prepare the right kind of hardship evidence for your waiver application. We work with clients across Chicago and Aurora to gather strong supporting documentation and present compelling cases of extreme hardship to USCIS.
In the context of waivers of inadmissibility applications, the law limits qualifying relatives to US citizens and lawful permanent residents who hold a specific relationship to you.
For most waivers under Form I-601, qualifying relatives include spouses or parents who are US citizens or lawful permanent residents. Some waivers also recognize children who are US citizens or lawful permanent residents as qualifying relatives.
If you do not have a qualifying relative as the law defines one, you may not be eligible for certain waivers, even if your personal circumstances are compelling. An immigration law firm can help you review your family relationships and identify the strongest possible basis for your claim before you file.
Once USCIS reviews your waiver application, one of two things will happen: approval or denial. Either outcome carries consequences that you should understand before you file.
If USCIS approves your waiver, it generally remains valid indefinitely. For most applicants, approval clears the way for the next step in the immigration process, whether that means completing a consular interview abroad, adjusting your status, or obtaining an immigrant visa. The approval applies to the specific grounds of inadmissibility you identified in your application, so accuracy is extremely important.
If the USCIS denies your waiver application, that does not necessarily mean you are out of options. However, it does mean you will need to respond thoughtfully. Depending on the basis for the denial, your lawyer may be able to help you file a motion to reopen or reconsider, or identify a different form of relief. In some cases, new or additional evidence could strengthen your follow-up application.
Throughout this process, you will want a trusted Chicago immigration law firm in your corner. That way, you are not left trying to interpret USCIS decisions on your own. Borjas Law Group, LLC., can help you understand what USCIS’s response means for your case and suggest the ideal path forward.
To maximize your chances of success, you will need an attorney who understands how best to present your case and qualifications for a waiver. Our firm has handled many waiver applications and we look forward to putting our experience to work for you.
Contact us online or at 312-767-1102 to speak with a Chicago attorney about your need for a waiver of inadmissibility.
