If you’ve applied for a visa, an adjustment of status, an immigration benefit for which you were previously ineligible, or for a K or V nonimmigrant visa, and you have been denied on grounds of inadmissibility, you may have recourse by obtaining an I-601 waiver. This type is known as a “Waiver of Grounds of Inadmissibility.”
There are no guarantees, and it takes several months for the application to process, but it’s a path forward.
Initial ineligibilities
There are many reasons why a visa applicant may be found inadmissible having to do with health concerns, criminal and related grounds, security and related grounds, unlawful presence and previous removal, documentation deficits or willful misrepresentation and more. Some grounds are inarguable, but a subset of these can be revisited and reframed persuasively.
Grounds for the waiver
One essential requirement is that the applicant must have a relative in the United States that is either a U.S. citizen or a lawful permanent resident. The applicant must submit a detailed account of the history and nature of the bond with said relative, and how this relative would suffer if a separation was imposed.
Corroborating statements from prominent individuals in the community such as priests, doctors, police officers and so forth will strengthen the case.
The discussion of extreme hardship should detail as well acute conditions in the home country, if relevant, related to political instability, war, religious persecution, famine and the like. This can be supported by news reports and any other evidence that might make the scenario that much more vivid.
Ultimately, the immigration officer will hopefully rule that whatever deficits existed in the applicant’s initial presentation are outweighed by social and humane considerations.
Careful attention must be paid to the submission of all required items with the application. The filing fee for USCIS Form I-601 is $715. It’s likely that the guidance of counsel experienced in this area of the law would be a wise investment as well.
