Not every person who wants to permanently move to the United States is eligible for admission into the country. A person may be ineligible for immigration based on criminal history, health issues, or immigration violations. Possible grounds for inadmissibility may include:
- Being convicted of aggravated assault
- Having several criminal convictions
- Having a drug addiction
- Overstaying your visa
- Entering the United States without inspection
- Working without a work visa
- Obtaining immigration benefits through fraud
Applying for a waiver
Many people who are inadmissible to the United States have the option of applying for a waiver of grounds of inadmissibility. Generally, the first step is to determine which grounds of admissibility can be waived for the visa category applicable to you. People outside of the United States or seeking a green card from within the United States will then need to file Form I-601 with the U.S. Citizenship and Immigration Services (USCIS) and pay the requisite filing fees. People who are unlawfully in the U.S. and need to leave the United States to apply for a green card can file Form I-601A.
In some cases, a waiver will be granted if you provide evidence that a denial of the waiver would be an ‘extreme hardship’ to a qualifying immediate family member who is a U.S. citizen or permanent resident. You may also have to attend an interview.
The USCIS will then review your application and evidence and decide whether your request for a waiver should be granted. The process can be complicated and can take several years. If your waiver is denied, you may be able to file a motion for reconsideration or appeal the decision.
The process of applying for an inadmissibility waiver can be complex, but can be well-worth it, as many waivers are in fact granted. Once your waiver is approved, you can go through the visa application process with a U.S. consulate or embassy in your home country.
