The I-601 waiver offers a chance for a foreign national to obtain a waiver when a consulate or the immigration service has found the foreign national to be inadmissible. Typically, this waiver requires the applicant demonstrate extreme hardship to a qualifying U.S. permanent resident or citizen spouse or parent. Immigration regulations do not provide a precise definition of extreme hardship. The hardship is extreme if the hardship is unusual or beyond that which a regular person in a similar situation would be experiencing. Viles Law Firm is experienced in evaluating family situations for the purpose of finding the required hardship. The role of your lawyer is to identify the factors in your life which make your situation unique and the hardship extreme. Waivers of inadmissibility are available for the following situations:
Waiver of Inadmissibility Due to a Communicable Disease
Certain diseases will render you inadmissible to the United States. A waiver of inadmissibility under Section 212(g)(1) may be available to allow you to proceed with getting your greencard.
- Class A Tuberculosis
- Granuloma Inguinale
- Lymphogranuloma Venereum
- Syphilis, infectious stage
- Any other communicable disease specified by the U.S. Secretary of Health and defined at 42 CFR 34.2(b)
Inadmissibility Due to Vaccination Requirement
When you apply for a greencard either inside the U.S. or at a consulate, you are required to undergo a medical exam. You will have to show that you previously received your vaccinations as a child or that the civil surgeon (immigration approved doctor) gave you your vaccinations again. You are eligible for a waiver under Section 212(g)(2)(C) from the vaccination requirements if you can demonstrate that you are opposed to all vaccinations because of religious or moral beliefs.
Waiver of Inadmissibility Due to Physical or Mental Disorder and Associated Harmful Behavior
This waiver of inadmissibility under 212(g)(3) is for persons who had a physical or mental disorder which has associated harmful behavior. The disorder and harmful behavior poses a threat to property, safety, you welfare, the welfare of others, and is likely to recur or lead to more harmful behavior.
Waiver of Inadmissibility Due to Criminal Grounds of Inadmissibility or Due to Fraud or Misrepresentation
You maybe eligible for a waiver of inadmissibility under (212)(a)(2) if the consulate, immigration service, or immigration judge says that you are guilty of fraud or misrepresentation. Waivers are available in the following circumstances:
- A Crime Involving Moral Turpitude (CIMT)
- Possession of 30 grams or less of marijuana
- Two or more convictions, other than political offenses, for which the sentences were five years or more
- Unlawful commercialized vice
- Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
Petty Theft Exception
The petty theft offense waiver is available for a person who has committed only one CIMT for which the maximum possible sentence was one year and the actual sentence imposed was six months or fewer.
Waiver of Inadmissibility for Membership in a Totalitarian Party
Section 212(a)(3)D)(iv) allows for a waiver if you were a member of a totalitarian party or associated with the Communist party.
Waiver of Inadmissibility for Alien Smuggling
Under Section 212(d)(11) or 212(d)(12), you may be eligible for a waiver if you have been charged with alien smuggling.
Waiver of Inadmissibility for Unlawful Presence
If you remain in the U.S. for 180 days without authorization, you are not allowed to return to the U.S. for 3 years. If you remain in the U.S. for 365 or more without authorization, you cannot return for 10 years. These penalties are known as the 3 year and 10 year bars. Section 212(a)(9)(B)(v) grants a waiver of unlawful presence for persons who meet the criteria.