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What can you do if you are found inadmissible to the U.S.?

On Behalf of Palacios Law Group

An “inadmissible to the United States” determination is possibly one of the worst outcomes to your visa application you can receive. If you receive this determination, you may wonder what, if anything, you can do to either remain in the United States or return to it.

The Immigration and Nationality Act details several circumstances that may bar you from either returning to the United States or applying for a green card from within national borders. Though there are many, some common grounds for inadmissibility include criminal activity, public charges, poor health, fraud and misrepresentation, unlawful presence in the United States and prior removals. The good news is that U.S Citizenship and Immigration Services does provide inadmissibility waivers. According to Boundless, those are Form I-601 and Form I-601A.

Form I-601

You would use Form I-601 if you are outside of the United States at the time of receiving your inadmissibility determination and learned USCIS barred you from either entering the United States or adjusting your status. You may qualify for an I-601 waiver if you can prove one of several application statuses.

Form I-601A

Despite there being a difference of a single letter between the two waivers’ names, Form I-601 and I-601A vary greatly in nature. To receive consideration for a Form-I601A waiver, you must apply from within the United States. You must also have a family member within the country who is either a U.S. citizen or who has a green card. You must have entered the U.S. illegally.

Your goal in applying for an I-601A waiver must be to obtain a green card. To do so, you will need to leave the U.S. and apply for green card status within your country of origin. I-601A is designed to help you avoid the three- to 10-year entry ban that immigrants face as a result of illegal entry. You must apply for the waiver in the U. S. and before heading back to your home country.

The eligibility requirements for I-601A are less stringent than those of Form I-601. You merely need to be present in the U.S. at the time of application, be at least 17 years of age and have an immigrant case pending.

Filing for a waiver of inadmissibility is often a complex and lengthy process, and neither form guarantees positive results. For the best chance at having your waiver approved, work with an experienced immigration attorney.

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