Certain individuals cannot obtain an I-601 waiver due to facts in their immigration history which preclude a waiver from applying to their cases. An individual is not eligible for a waiver under the following circumstances:
1.The individual is subject to the permanent bar due to:
a. Unlawful presence in the United States for more than one year after April 1, 1997 followed by a departure from the United States and a return to the United States without inspection; or
b. Removal from the United States after April 1, 1997 and a return to the United States without inspection.
2. The individual has falsely claimed to be a United States citizen unless a limited exception applies. This very narrow exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 applies, in the case of an alien making such a representation, if:
- Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
- The alien permanently resided in the United States prior to attaining the age of 16; and
- The alien reasonably believed at the time of making such representation that he was a citizen;
3. The individual has been a member of a criminal gang.
4. The individual has a controlled substance conviction or a guilty plea, even if subsequently dismissed due to completion of an ARD, etc., for any substance other than simple possession of less than 30 grams of marijuana for personal use;
5. The individual failed to attend a removal hearing in the United States and has not been outside the United States for five years;
6. The individual has a previous finding of marriage fraud in a prior immigration application; or
7. The individual previously filed for asylum and the application was found to be a frivolous asylum application.
Contact an Immigration Lawyer in Pittsburgh or Philadelphia, Pennsylvania, New York
To speak to an immigration attorney about your immigration goals, including obtaining a work visa in Pittsburgh, Philadelphia, Pennsylvania, West Virginia, Ohio, New Jersey, Virginia, Maryland, New York or anywhere in the United States, we welcome you to contact an immigration attorney online or call 412-291-4400 | 215-880-4977 | 347-839-1700. Free consultations are available. We represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, Allegheny County, and worldwide in Korea, Africa, India, and Pakistan.
