Application Assistance for Waiver of Grounds of Inadmissibility

Written by Diamondback Legal on April 25, 2023

It can be extremely challenging for the average applicant. The number of applications, forms, and waivers can be overwhelming when you’re considering all the things you need to be familiar with.

Due to the complexity of the process, it’s highly recommended that immigrants and qualified relatives of immigrants consult with an Arizona immigration attorney to make sure things go smoothly.

One of the cases where this is especially useful is when you need a waiver of grounds of inadmissibility in Arizona. An experienced attorney can provide application assistance and knowledge in getting through the process and obtaining the results you desire. This article will explain what the waiver is all about, who can file it, and how an attorney can help with the application process.

The Basics of the I-601 Waiver

If you’ve been denied a visa or some other type of immigration benefit, you might be eligible for a waiver using the right application assistance through the I-601 process. This is a specific type of waiver known as an Application for Waiver of Grounds of Inadmissibility.

In some situations, immigrating applicants use them to apply for a visa. These forms may also be useful when seeking an adjustment of status or other sorts of immigration benefits that the individual currently doesn’t qualify for.

If you have been determined to be ineligible for a benefit, such as a visa, this form can be sent to the United States Citizenship and Immigration Services (USCIS). This acts as a request that the grounds used to determine you inadmissible be waived.

Who Is Eligible to File the I-601 Waiver in Arizona?

A wide variety of applications are eligible to fill out and file a form I-601. These individuals include:

Adjustment of status individuals applying as Special Immigrant Juvenile on approved form I-360
Adjustment of status to lawful permanent resident status
Adjustment of status people based on T nonimmigrant status
Applicants for a K visa and V nonimmigrant visa outside of the US who have had a visa interview but were found inadmissible
Adjustment of status or immigrant visa applications as a Violence Against Women Act self-petitioner or the child of a Violence Against Women Act person
Temporary protected status visa applicants
Adjustment of status individuals under the Haitian Refugee Immigration Fairness Act 902 or the Nicaraguan Adjustment and Central American Relief Act 202

What Kind of Grounds of Inadmissibility Are Included in Arizona?

The various grounds of inadmissibility from applicants listed above include the following:

Alien smuggler
Criminal grounds
Health-related grounds
Immigration misrepresentation or fraud
Membership in a totalitarian party
Subject to civil penalties
Three or 10-year bar based on past unlawful presence in the United States
People listed in INA 212A, including documentation requirements, labor certification, illegally entering the country, security, criminal background, or health requirements
Anyone listed for adjustment of status applicants
Aliens removed from the US in the past
Those with unlawful entry and immigration violations

The Length of the I-601 Form Process in Arizona

The Department of State (DoS) and USCIS work together closely in terms of processing schedules. The main priority is to ensure that approval for provisional illegal presence waiver applications occurs close to the upcoming immigrant visa interview at an overseas location. While the timeframe can vary, it usually takes around four to six months for the I-601 waiver application to be processed.

However, this isn’t the only timeframe to be aware of. Once the waiver has been approved, the applicant will be expected to submit the appropriate immigrant visa processing paperwork to DoS. At that time, you can expect to be scheduled for the visa interview in around two to three months.

What Goes Into Being Approved for an I-601 Waiver?

There are almost endless reasons that someone may be declared to be inadmissible. However, there are several common situations where the USCIS will accept an I-601 waiver. Below, we’ll go into detail about some of these scenarios.

Health Grounds

If you have applied but do not have proper documentation of receiving all required vaccines, this can lead to being considered ineligible. However, in some situations, USCIS will offer a waiver of vaccine inadmissibility. You will need the right application assistance and make sure that one of the conditions below is met:

The Secretary of the Department of Homeland Security determines that forced immunization is not compatible with the moral or religious convictions of the applicant.
A qualified medical professional determines that the vaccine is not medically appropriate.
The applicant receives all of the required vaccinations.

Misrepresentation

If you are applying for a visa, seeking admission into the USA, or wish to gain a benefit listed under the Immigration and Nationality Act, you will be considered inadmissible if you have falsified or lied about any important facts throughout the process.

However, that doesn’t mean that you’re completely out of luck. If you can demonstrate the items below, a waiver may be provided:

The person’s unsuitability as a resident, based on the thoughts of the immigration officer, is offset by humanitarian or social factors.
A K visa petitioner, lawful permanent resident, or United State citizen would experience extreme hardship based on admission refusal.

Membership in a Totalitarian Party

If you have ever been associated with a totalitarian party, such as the Communist Party, this can lead to being deemed ineligible. However, a waiver may be possible under the following circumstances:

The applicant’s unsuitability as a permanent resident as determined by an immigration officer is offset by humanitarian or social factors.
The candidate is the spouse, son, brother, parent, daughter, or sister of a US citizen, engaged to a K visa applicant, or a daughter, son, or spouse of an alien admitted with permanent resident status.
The waiver is designed to serve the public interest in some way, to maintain family bonds, or related to humanitarian reasons.
The applicant is not deemed to be a threat to the United States.

Unlawful Presence

If you were unlawfully in the US for over 180 days but not as much as a year and then proceeded to leave voluntarily before any removal processes started, you can expect to be ineligible for at least three years. However, waivers are available to those who meet the below criteria:

Based on the decision of the immigration officer assigned to the case, the undesirability of the applicant is outweighed by humanitarian and social factors.
Refusal to admit a lawful permanent or US citizen parent or spouse or K visa petitioner would create extreme hardship for one of these individuals.

The Difference Between the I-601 and I-601A

One of the reasons you might need an Arizona immigration attorney to help with applications is that there are many of them and the process can be confusing. For instance, there is an I-601 form as well as an I-601A form. These are similar but there is one major difference. It all comes down to where an applicant is located.

The I-601 is designed to be used by those who are outside of the US. The I-601A is for those who are currently within the boundaries of the country.

When the I-601 waiver is being used, USCIS will go through the facts again about what made you ineligible. These will be weighed against the problems it might cause a resident parent or source. The more serious the inadmissibility category, the higher the level of burden that will be needed to be granted the waiver.

On the other hand, the I-601A has a different set of standards associated with it. If you have stayed beyond your visa or are an illegal immigrant, you must show that separation from your US parents, spouse, or children will cause them a large amount of hardship.

The waiver lets the close family members of US citizens apply for their visas without having to leave their current country. However, many conditions will require you to leave the United States. In the end, the process says that even if your waiver is approved, you’ll need to leave the country for an interview with a consular officer.

Do I Qualify for the I-601A?

The best way to be certain of which form you qualify for is to speak with an experienced Arizona immigration attorney. However, the basic requirements for the I-601A include the following:

You are currently located within the United States.
You are 17 years old (or older) when you file for the appeal.
There is currently an immigrant visa case pending with the DoS for you.

The main purpose of the I-601A is to give you the chance to waive or reduce the amount of time that you are not allowed to attempt to enter the United States. The form is designed for those who have outstayed a visa or stayed in the US without US citizenship, a valid visa, or a green card.

Reach Out to an Arizona Immigration Attorney Today For Application Assistance

Immigration is complicated, and it only gets more complex if you’ve been denied a visa or other immigration benefits. While it’s technically possible to fill out the appropriate forms for an appeal on your own with the help of Application Assistance, it’s also easy to make a mistake that could end up causing even more issues. Having an Arizona immigration lawyer in your corner can make all the difference in moving forward.

At Diamondback Legal, we offer aggressive and diligent immigration law services and Application Assistance in Phoenix, Arizona. Every day, we help people like you with applications and petitions as well as immigration waiver needs. We handle all aspects of the immigration process and can help you obtain a waiver as quickly as possible. Reach out to us today at 602-726-2045 to get the process started.