According to recent statistics from the United States Citizenship and Immigration Services (USCIS), the approval rate for I-601 Applications for Waiver of Grounds of Inadmissibility is 79.6%, with denials standing at an average of 20.4%. The acceptance rate for I-601A, Application for Provisional Unlawful Residence Waiver, averages 70.2%, with denials at 29.8%.
If you face certain bars to being approved for a visa, we may be able to help by requesting a waiver of the bar. Corbaci Law, P.C., serves clients in Woburn, Massachusetts, and the surrounding areas, including Boston, Marlborough, and Framingham.
We have extensive experience preparing I-601 and I-601A waivers of grounds of inadmissibility, I-212 applications to re-enter the U.S. after having been removed, 212(d)(3) waivers, and waivers available in removal proceedings, such as 212(h) waivers.
Section 212 of the Immigration and Nationality Act (INA) bars would-be immigrants from being granted admission to the United States due to factors such as communicable diseases, physical or mental disorders, drug abuse or trafficking, criminal histories, and more.
If you have been deemed inadmissible for any of the reasons listed in the INA, you often have the right to file Form I-601 — the Application for Waiver of Grounds of Inadmissibility — if you are outside the U.S. and seeking a visa. If you are already present in the U.S. and a relative of a citizen or lawful permanent resident, you can use Form I-601A — the Application for Provisional Unlawful Presence Waiver — which will allow you to remain in the U.S. temporarily as you seek admissibility.
The application process for both includes providing documentation and proof that you’ve overcome the barring factor that is preventing either your continued presence in the U.S. or your entry into the United States from overseas.
For instance, if you are barred because of tuberculosis, you must provide a physician’s statement promising to monitor and manage your condition. If you are being barred due to a criminal record, you must show that the crime was committed 15 or more years ago and that you have been rehabilitated.
Most applications, however, focus on, or at least include, the element of “extreme hardship.” Extreme hardship means that the applicant’s immediate family includes a U.S. citizen or lawful permanent resident who would suffer extreme hardship if the applicant is denied the waiver and forced to remain abroad or leave the country.
People who have been excluded, removed, or deported from the United States, or who were unlawfully present in the U.S. for more than a year in total days before leaving and are now trying to re-enter, can file Form I-212 — the Application for Permission to Reapply for Admission to the United States After Deportation or Removal.
This form provides a waiver for those who might otherwise be barred because of a previous unlawful presence. You can file the form with U.S. Customs and Border Protection at your port of entry, or you can now file electronically.
In addition, 212(d)(3) waivers, which need to be granted by the U.S. Attorney General’s Office and its Board of Immigration Appeals, can overcome virtually every type of inadmissibility bar but are only temporary, often to visit ailing relatives or obtain medical treatment. A section 212(h) waiver can be used to potentially dismiss certain criminal convictions when you face removal.
If your Form I-600 is denied, you have 30 days to file an appeal using Form I-290B, Notice of Appeal or Motion.
The USCIS does not allow appeals if your Form I-601A is denied. However, you are not barred from applying again if your situation changes. If you have new information to support your request and to show that extreme hardship will result for your qualifying U.S. relatives, you can reapply.
Remember, the application process is extremely subjective. Often, the result will hinge on the particular agent handling your case. Some agents may require robust documentation and justification for your application, while others may be more understanding. That’s why it’s important to file the most complete and compelling application possible the first time around.
Many of these waivers require that you show the government that you and your family will face hardship if you are not approved and that you thus deserve approval as a matter of discretion. Our experienced attorneys will work closely with you and your family to ensure you provide a thorough and accurate presentation of your situation. We will do everything we can to answer all of your questions and ensure that you are exploring every avenue possible to reach a resolution. Call our office today to learn more about how we can help.
We at Corbaci Law are here to help you every step of the way. Call or reach out to our office immediately if you’re facing a bar to admissibility or re-entry and you’re located in Woburn, Massachusetts, or the surrounding communities of Boston, Marlborough, and Framingham. We will do everything we can to investigate your unique circumstances and outline a strategic plan to help you pursue a resolution for your case. Contact our office now to schedule a case evaluation!