The United States government requires many immigrants to prove they are admissible to qualify for benefits, such as adjustment of status or asylum. However, if someone does not meet the government’s requirements of admissibility, they may be able to ask for a waiver of inadmissibility. This waiver may allow them to obtain lawful status even if they do not meet the admissibility requirements.
Getachew & Ansari Immigration Attorneys, P.C., has helped dozens of past clients request asylum, adjust their immigration status, and complete other types of immigration applications.
As a team of immigrants, we can appreciate the challenges and successes involved in the process of moving to a new country. Our experienced San Jose immigration lawyers are prepared to help you and your loved ones through these stages to make sure your rights are protected.
What Does “Inadmissibility” Mean in Immigration Law?
The United States’ immigration law has certain requirements that someone must meet to be admitted to the U.S. For example, the person may need to have received basic vaccines or have a record that is clear of dangerous criminal convictions or prostitution.
If someone does not meet these criteria, they are considered “inadmissible.” As a result, they may not be eligible for nonimmigrant benefits, adjustment of status, or asylum. However, some applicants may be able to ask for a waiver, which would let them apply for these benefits or immigration status even though they are considered inadmissible. This is called a waiver of inadmissibility.
Common Reasons Someone May Be Found Inadmissible
There are many reasons why someone may be considered inadmissible, including the following:
- They did not pass the strict United States health examination.
- They do not have some of the required vaccines.
- They have a history of prostitution or sex trafficking (as a trafficker or someone being trafficked).
- They were involved in money laundering (which is when someone moves money from an illegal to a legal source to hide its origins).
- They have violent or terrorist convictions or accusations on their record.
- They have political or foreign policy beliefs or involvements that the United States believes would threaten national security.
Someone may also be inadmissible for other reasons, including being associated with the Communist party, the Nazi government, or a Totalitarian government. Additionally, someone may be (but is not always) considered inadmissible if they are in the United States unlawfully.
Who Qualifies for a Waiver of Inadmissibility?
You or your child may qualify for a waiver of inadmissibility if an exception to the admissibility rules applies to your case.
For example, the adoptive parents of an adopted child who is 10 years or younger and does not have the required vaccines may get a waiver of inadmissibility for their child. To qualify, they would need to sign a form saying they understand the vaccine requirements and promise to get the child the missing vaccines shortly after the child is admitted to the United States.
If you want to know if an exception applies to your situation, you may benefit from speaking to a lawyer. They can use their legal knowledge to discover your options and help you seek a waiver of inadmissibility, if possible, on your behalf.
The Application Process: Step-by-Step
The first step in applying for a waiver of inadmissibility is to identify which form you need to submit. You would then follow the detailed instructions for that form type.
In many situations, people would need to file Form I-601 Waiver. This form is for people who meet the eligibility requirements for a waiver and are inadmissible based on things like their vaccine or health history, criminal history, or political affiliation.
You may also use Form I-212 to reapply to be admitted to the United States after you have been deported or removed. In some cases, you would file Form I-212 at the same time that you file your form requesting a waiver of inadmissibility. An immigration lawyer can help you understand if you qualify for a waiver and which form you need to fill out to ask for one.
The United States government may ask you to provide supporting evidence, such as your birth certificate. You may also have to attend an interview or a medical evaluation. If you need to travel outside the United States for your interview, you may have to submit Form I-601A.
What Happens if Your Waiver Is Denied?
If the United States government denies your waiver of inadmissibility request, you may be able to appeal this decision.
The denial notice that you receive from them should explain the deadlines you need to meet to ask them to reconsider the decision. You may have to submit special forms, such as Form I-290B, to start the appeals or reconsideration process.
If you have questions about your right to appeal or how to start one, it may be a good idea to talk to a lawyer who practices immigration law. They can read through the documents you received from or prepared for the United States government. An attorney can also represent you during the appeals process.
Contact a Knowledgeable Immigration Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
If the United States government does not consider you to be an admissible alien, you may be able to request a waiver of inadmissibility. This type of waiver may be available if you meet the eligibility criteria and the grounds of inadmissibility, such as not having all the required vaccines, are something that can be waived in your situation. An attorney can help you determine if you qualify for a waiver. They can also help you complete and turn in the proper documents to increase your chances of a favorable outcome.
Getachew & Ansari Immigration Attorneys, P.C., advocates for the immigrant community by providing well-researched and compassionate legal services. We can represent you during the immigration proceedings by preparing and sending in the forms and helping you through any interviews or hearings with United States agents. Call our team today by dialing 408-292-7995 to learn more about our services and what we can do for you.
