Types of I-601 Waivers

  • The following is a list of common grounds causing inadmissibility and the relatives that qualify under the extreme hardship standard for each type:
    • Immigration Violations: The INA § 212(i) Fraud Waiver or The INA § 212 (a)(9)(B)(v) Unlawful Presence in Excess of 180 Days Waiver
      • Examples:
        • Misrepresenting facts in order to gain entry to the United States
        • Entering the United States without inspection or overstaying an authorized period of stay by more than 180 days.
      • What relatives qualify?
        • For an alien denied admission for unlawfully residing in the United States in the past or for misrepresentation, only United States citizen or lawful permanent resident spouses and parents may claim extreme hardship due to the alien's absence.
    • Health Related Grounds
      • Examples:
        • Communicable diseases of public health significance
        • Lacking proof of vaccinations
        • Physical or medical disorder and potential behavior posing threat
        • Currently drug abuser or addict
      • What Relatives Qualify?
        • For aliens denied admission based upon health related grounds, various waivers of inadmissibility are available, such as HIV and tuberculosis waivers. These waivers do not always require a qualifying United States citizen or lawful permanent resident relative.
    • Crime Related Grounds : The INA § 212(h) Waiver

      • Available for all but the most serious criminal offenses.
      • Examples:
        • One crime of moral turpitude
        • One controlled substance violation
        • Exceptions:
          • Single crime, while under 18 years old and out of confinement for five years
          • Single crime, maximum penalty not exceeding one year and any sentence served did not exceed six months
    • Multiple criminal convictions with aggregate sentence of five years or more
    • Controlled substance trafficking
    • Prostitution or procurement of prostitution
    • What Relatives Qualify?
      • For aliens denied admission for criminal reasons, United States citizen and lawful permanent resident spouses, parents, and children may claim extreme hardship due to the alien's prospective inadmissibility. Fiancé(e)s who are United States citizens also may qualify in certain circumstances.
    • Waivers not available for the following:
      • Criminal offenses:
        • murder, torture or conspiracy to commit murder or torture, a previously admitted lawful permanent resident who committed an aggravated felony after becoming a lawful permanent resident
      • Security related grounds:
        • membership in Communist party, terrorist activity, Nazi persecution or genocide
      • Certain violations of immigration laws including:
        • Removal or unlawful presence, and unlawful reentry can also disqualify an alien for a waiver when there are multiple unlawful entries or stays in the United States.
        • To determine whether this category of immigration violations bars the alien's eligibility for a waiver, you should consult experienced immigration legal representatives.

Contact an Immigration Lawyer in Pittsburgh or Philadelphia, Pennsylvania, New York

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