Waiver of inadmissibility

Applying for a waiver of inadmissibility can be a lifeline for many immigrants who are inadmissible to the United States.

Our blog addresses how to prepare a waiver or pardon effectively, as requesting one can be a complex process and will depend on the cause of its inadmissibility.

Need help? Our immigration lawyers in Los Angeles are experts in immigration waiver cases. We will help you process an immigration waiver in the United States if you are from Mexico, Venezuela, or another country.

A 2024 Guide to the waiver of inadmissibility For The United States

There are several types of immigration waivers that foreigners may be eligible for. These waivers allow inadmissible immigrants to once again access certain immigration benefits or relief. For example, obtaining a Green Card. 

While there are many pardons available, the most common are the following:

Immigration waiver I-601

The I-601 immigration waiver of inadmissibility is an immigration relief for immigrants with certain convictions to obtain lawful permanent residence in the United States. 

This waiver is necessary when there are reasons for inadmissibility due to crimes such as:

• Immigration fraud;
• Drug possession;
• Prostitution; and
• Lack of vaccines.

Similarly, it can also prevent the deportation of certain family members, such as children or spouses. 

To apply for this waiver, the applicant must have a close relative who is an American citizen or lawful permanent resident. In addition, the applicant must demonstrate that this relative would suffer extreme hardship if the waiver is not granted.

Immigration waiver I-601A

The I-601A immigration waiver is intended for immigrants whose only violation is having entered or remained in the United States illegaly. 

This waiver is necessary when the applicants are living in the US and need to return to their home country for an interview at the consulate to obtain a Green Card. To be eligible, the applicant must meet one of the following requirements:

• Have a spouse who is a lawful permanent resident or US citizen; or
• Have a father or mother who has a Green Card or US citizenship.

Failure to apply for this waiver of inadmissibility will result in national foreigners being held accountable for unlawful presence in the US.

Immigration waiver I-212

The I-202 immigration waiver is a permit to re-enter the United States after being deported. However, you will not be able to enter the country or attempt to do so until your I-212 application is approved.

It is generally used when foreigners have been deported from the US and are serving a 3- to 10-year sentence. It also has several subcategories:

Section 212(d)(3): Waiver of inadmissibility for nonimmigrants

This section allows the US Attorney General to waive most cases of inadmissibility for aliens seeking to enter the country temporarily. 

Generally, it usually applies to those who wish to apply for a B-1 visa or an H-1B visa.

It is possible to apply for this waiver if you wish to work temporarily in the US, but not all cases of inadmissibility are eligible for it.

Section 212(i): Fraud and Misrepresentation

This waiver for fraud or misrepresentation allows the immigrant to be admitted into the United States. However, in order to apply for it, two specific conditions must be met:

• Be the spouse or child of an American citizen or lawful permanent resident; or
• Demonstrate that denial of admission would result in extreme hardship to the qualifying relative.

Section 212(a)(1): Inadmissibility, health-related Grounds

This immigration waiver is intended for foreigners who face inadmissibility due to:

• Health problems; 
• Contagious diseases; or 
• Certain mental or physical conditions. 

It is also applicable for those who lack the required vaccinations.

Section 212(h): Criminal Grounds of Inadmissibility

This waiver can help foreigners obtain or maintain a Green Card if they have a criminal conviction, whether:

• Crimes of moral depravation; 
• Convictions for 2 or more crimes in which the total sentence was 5 years or more:
• Prostitution;
• A single offense for possessing 30 grams of marijuana or less.

Foreign nationals may be eligible for one of the following 3 subtypes of the 212h waiver:

Exemption 212h for 15 years

The applicants must prove that the events that caused their inadmissibility occurred more than 15 years ago, they been rehabilitated, and their entry into the U.S. will not jeopardize national security.

212h Extreme Hardship Exemption

If the aliens are found inadmissible, they may apply for this pardon if they can demonstrate that they have an American citizen relative who would suffer extreme hardship in their absence.

212h Exemption for Battered Spouse 

This is an immigration waiver designed for those inadmissible who suffer abuse from a spouse or lawful permanent resident.

We have already explained the most common types of immigration waivers currently in existence, but there are others, such as the I-602 for refugees. Therefore, we recommend that you contact us to learn more about this topic.

How to apply for immigration Waiver of inadmissibility in 2024?

To request an immigration waiver, the following steps must be followed:

1. Complete the form corresponding to the type of immigration waiver you need. That is, I-601, I-601A, or I-212.
2. Review and submit the form to USCIS.
3. Wait for USCIS’s decision.
4. If approved, schedule an interview with the immigration officer in charge. If you have left the country, you will have an interview with an officer at the US embassy or consulate.
5. Wait the required amount of time until you receive notice to re-enter the United States. Do not attempt to return before receiving notice, as you may face serious legal consequences.

For this process, it is recommended to complete Form G-1145 to receive electronic notifications about the approval.

Contact us to find out where to send your waiver request.

What is the difference between the I-601 and I-601A immigration waiver of inadmissibility?

The main difference between the I-601 and I-601A waivers lies in their application and procedure. 

• I-601: Intended for individuals outside the US or who have been deported and covers various grounds of inadmissibility. 
• I-601A: Focuses solely on unlawful presence, allowing applicants to remain in the US while awaiting resolution of their waiver. This makes it easier and reduces disruption for families.

What grounds for inadmissibility can be waived with the types of immigration Waivers?

Although not all crimes qualify for an immigration waiver, some grounds for inadmissibility may be waived if proper procedures are followed. 

It is important to remember that there are numerous grounds for inadmissibility. However, these are the 3 most common grounds that can be forgiven:

Unlawful presence in the United States

Immigrants who are illegally in the United States, facing sentences of between 3 and 10 years, can avoid bars by applying for the I-601A waiver. 

Generally, this waiver can be requested through an interview at a US consulate abroad.

Immigration fraud or misrepresentation

Individuals who have obtained an immigration benefit through fraud or false statements may be eligible to apply for an immigration waiver. 

However, those who have falsely declared themselves to be US citizens will not be eligible for this exemption.

Criminal record

A criminal record can be a barrier to admission to the US. Fortunately, there is the possibility of applying for an immigration waiver through Section 212(H) if the crime in question is deemed excusable. 

In such circumstances, immigrants may qualify for a waiver if they meet the following requirements:

• Have a citizen or lawful permanent resident spouse, fiancé(e), child, parent who would face extreme hardship if denied admission.
• More than 15 years must have passed since the commission of the crime and since applying for admission to the United States.

At Lluis Law we are also criminal defense lawyers and we can help you clean your criminal record.

What makes a person inadmissible to the US?

Individuals may be deemed inadmissible for a variety of reasons, including:

• Criminal record; 
• Physical or mental disorders related to harmful behaviors;
• National security issues;
• Public assistance dependency; 
• Immigration fraud or illegal presence. 

This means that they are not allowed to enter or remain in the United States. 

Do the types of immigration Waivers forgive everything?

Waivers do not solve all immigration problems, as is commonly believed. Since 1996, the law has included permanent penalties that cannot be eliminated, despite efforts to change this law. 

This means that many immigrants have faced separation from their families and limitations on their movements within the United States over the past 25 years.

What things does immigration not forgive?

Among the deportable offenses are the following:

• Terrorism;
• Espionage;
• Polygamy;
• Drug addiction or trafficking;
• International child abduction;
• Human trafficking;
• Participation in genocide;
• Danger to American security.

Now you know who does not qualify for immigration forgiveness. In fact, if they commit these crimes, they would not be able to acquire citizenship either. You can find more information in our blog: “Criminal bars to citizenship”.

Can you Apply for a Waiver of inadmissibility within the United States?

Most immigrants can apply for a waiver within the United States. Also, depending on the waiver, leaving the United States could be a mistake for your situation.

Requirements to apply for an immigration Waiver of inadmissibility in the United States

The requirements for requesting an immigration pardon vary depending on the type of waiver. However, the most common criteria are usually the following:

• Be an applicant for an immigrant visa outside the United States, with a consular interview determining inadmissibility.
• It will adjust status to legal permanent residence, excluding certain adjustment categories.
• You will apply for Temporary Protected Status (TPS).
• Will carry out the status adjustment under the Nicaraguan Adjustment and Central American Relief.
• Be an applicant for an immigrant visa or adjustment of status as a self-petitioner under the Violence Against Women Act (VAWA) or as a child of a VAWA self-petitioner.
• Will adjust status based on T nonimmigrant status.
• You will be adjusting your status as a Special Immigrant Juvenile (SIJ) based on an approved Form I-360.

Note: These criteria are for applying for an I-601 immigration waiver. If you would like to know the requirements for each type of immigration waiver, please do not hesitate to contact our office. 

What is an immigration forgiveness letter?

An immigration waiver letter is a document in the process of applying for immigration pardon in the United States. 

This document is written for the purpose of requesting that immigration authorities “forgive” you if there is any reason that makes you ineligible or inadmissible to enter or remain in the US. 

It is critical to include detailed information and relevant evidence to support your case, tailoring it specifically to the unique circumstances you face. 

For more information on how to write a letter to ask for forgiveness from immigration in English or Spanish, we recommend that you contact us. Our immigration attorneys at Lluis Law will guide you through every step of the process.

How much does an immigration waiver of inadmissibility cost in 2024?

Currently, the cost of an immigration waiver varies depending on the type of waiver requested. The most common costs are:

• $930 for the I-601 waiver, with a processing time of approximately 12 to 16 months;
• $715 for the I-601A waiver, with a processing time of approximately 6 to 12 months;
• $930 for the I-212 waiver, with an approximate processing time of 6 months.

Fees can generally be paid by personal check, cashier’s check, or money order. 

It is also possible to pay by credit card by completing Form G-1450. If you pay by check, please make it payable to: “US Department of Homeland Security.”

Mistakes to avoid before applying for one of the types of immigration Waivers

Before applying for immigration waiver in the US, you should take into account certain mistakes to avoid:

Failure to comply with the requirements for the process

One of the requirements to apply for a waiver for unlawful presence is to have a qualified relative, which can be a spouse, parent, or citizen who is a lawful permanent resident. Without a qualified relative, you will not be eligible for the waiver.

It is important to clarify that being the parent of a citizen or lawful permanent resident does not grant the right to qualify for forgiveness. 

Leaving the United States when it is not necessary to do so

This is a common mistake, as foreigners think they must do this in order to obtain forgiveness. 

However, it should be avoided, as it can trigger the 3- and 10-year bar. This can occur in two scenarios:

• When they have resided illegally in the US for longer than the permitted time or for more than 6 months; or
• When they have left the US after having lived illegally. This means that if they do not leave the country, the bar will not be activated.

What’s the confusion?

The confusion lies in the fact that many immigrants are forced to leave the US to regularize their status through consular processing. However, they can be denied residency for having a history of unlawful presence in the country.

It should be noted that in order to adjust status, it is necessary for the national foreigners to travel to their country of origin and then legally enter the United States.

No extreme difficulty is evident

Extreme hardship is evidenced directly by a US citizen or resident family member and not by the immigrant requesting forgiveness. 

Likewise, children who are citizens or lawful permanent residents cannot provide evidence, but they can add arguments. 

Thinking that the 3 and 10 year punishment is a permanent Bar

Some foreigners think that the 3- and 10-year sentences are a permanent bar, but this is not the case. 

Individuals who have this bar will not be able to enter the US during the indicated time, but once it ends, they will be able to re-enter (unless it is a permanent bar).

If foreigners re-enter the US after being deported or receiving a bar of 3 and 10 years, such an act will be considered a crime. You can learn more in our blog: “ Illegal reentry after deportation”.

When not applying for a provisional Waiver

Individuals who are undocumented and have immediate US relatives may qualify for an I-601A waiver within the US. However, they must wait for their application for immigration waivers to be approved.

To complete this forgiveness process:

1. Applicants must leave the US and return to their home country. 
2. They must then obtain a Green Card to legally enter the US. This process is known as “provisional forgiveness.”

If you want to know how to go enter and live in the United States legally, we invite you to read our blog or contact us. 

What comes after the approved waiver?

Many people wonder what happens after the I-601A waiver of inadmissibility or any of the others is approved. 

After the immigration waiver is approved, the next step is usually to receive an information packet from the US Embassy in the applicant’s home country. This packet will indicate how to schedule a new interview appointment at the consulate.

What can I do if I do not receive a response to my application for any of the types of immigration pardons?

If you do not receive your package within 30 days, it is recommended that you contact the US consulate. 

Sometimes the applicant must resubmit updated documents. Required documents include a medical examination and possibly a new biometric test. Form DS-260 and Form I-864 may also be required.

Frequently Asked Questions About the US waiver of inadmissibility

What Immigration Waiver Is Used For A Tourist Visa?

In the case of a tourist visa for the United States, there is no specific immigration pardon as such. 

However, the I-601A immigration waiver is ideal for those individuals who have entered with this American visa and overstayed. 

How long does it take to get a waiver of inadmissibility?

The estimated time to obtain an immigration waiver varies depending on the type. However, the I-601 waiver can vary between 6 and 12 months, while the I-601A waiver can take between 24 and 31 months depending on where you apply. 

It is important to note that if the process extends beyond 31 months without receiving a response, it is recommended to contact USCIS to find out the reasons for the delay.

Note: You can check the processing time of your case through the USCIS website.

When do you apply for an immigration waiver?

An immigration waiver is usually required when applying for any visa, as authorities check to see if the applicant has a criminal record in the US that could result in inadmissibility. 

If a criminal record is detected, the authorities will declare the applicants inadmissibles and they will not be able to obtain a visa or Green Card. In other words, they will not be able to enter the country.

What does the discretionary factor refer to in the types of immigration Waivers?

To explain the discretionary factor more simply, it is the ability of an immigration officer to make decisions based on individual circumstances of a case. 

It should be noted that in consular processes, this discretion does not always apply; instead, an individual’s admissibility to the US is strictly assessed.

This means that obtaining a provisional waiver does not automatically guarantee admission if there are other immigration violations that need to be resolved. 

Immigration lawyers in Los Angeles, California to apply for the different types of immigration waivers

If you are considering applying for immigration waiver of inadmissibility from the United States or believe you qualify for one of the different types of immigration pardons, you should have an immigration attorney to help you through this process. 

The attorneys at Lluis Law have over 50 years of combined experience in these cases.

We hope that this comprehensive guide is useful and do not hesitate to contact us to request our legal services.