Overview of I-160 Inadmissibility Waivers
I-601 Inadmissibility Waivers are for someone who wants to enter to the U.S. but is not eligible to do so because of his/her past immigration, criminal or personal history in the United States. It is often be filed overseas, typically after an approved I-130 (petition for immediate relative), I-140 petition for an alien worker, or I-129F (Fiancé Visa) or an interview at an oversea Consulate. In some cases, an I-601 waiver can be filed when deemed inadmissible during the adjustment of status process inside the United States.
Who are eligible for I-160 Inadmissibility Waivers?
A foreign national that is inadmissible for certain grounds of inadmissibility may seek a I-160 inadmissibility waiver in order to enter the U.S. There are many reasons why a foreign national is inadmissible making him/her not eligible for an immigrant, non-immigrant visas or to adjust status to lawful permanent residence. However, the law provides certain relief to “waive” or “forgive” a person’s past or current situation that prohibit him/her from entering to the U.S. if they are related to the following waivable grounds.
What inadmissibility grounds can be waived by I-601 Inadmissibility Waivers?
Congress has granted Immigration and the Attorney General discretion to waive certain grounds (reasons) for inadmissibility. There are many grounds why a foreign national may be inadmissible and need to seek a I-601 Inadmissibility Waivers. Typically, they include but are not limited to the following:
Grounds for Inadmissibility (INA S212)
- Enter without inspection
If an undocumented individual entered the U.S. without inspection and legal admission into the U.S. or as commonly described as “entering without paper”, he/she will be inadmissible and subject to either a 3 years or 10 years bar from entering the U.S. in the future.
Who can apply for I-601 waiver under this ground?
Spouse or child of a U.S. citizen or permanent resident, or fiancé of a K visa petitioner may apply for I-160 waiver if they also meet the following requirements.
What are the requirements of this waiver?
The applicant must proof “Extreme Hardship” on their U.S. citizen or permanent resident spouse or parent(s) or K-1 petitioner if he/she were to denied entry to the U.S. or the qualifying relative moved abroad.
- Health Related Grounds
Such as having a communicable disease such as HIV infection or Infectious tuberculosis; failure to receive vaccinations against certain vaccine-preventable diseases; Physical or Mental Disorder and behavior related to that disorder; or Persons determined to be drug abuser or addict;
- Economic Grounds
Persons likely to be considered as becoming a charge upon the public. The term public charge describes persons who can not support themselves and who depend on benefits that provide cash such as the use of Medicaid or other government funds to pay for long term care. It is important to note that receiving food stamps alone or other non-cash programs will not generally affect a person’s immigration status. The criteria for determining “public charge” is complex.
4. Past Immigration Grounds
Persons who have the history of:
- misrepresentation for Immigration Purposes;
- Committing Document Fraud such as deliberately using a false birth certificate to obtain a U.S. passport;
- Previous Removal Orders;
- Overstaying in excess of 6 months;
- Entering the U.S. without Inspection.
5. Criminal Grounds
Persons committing crimes of moral turpitude are inadmissible. A crime of moral turpitude is “conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of Morality….” Immigration generally does not list specific crimes as moral turpitude, but rather is the “inherent nature of the crime as defined by statute and interpreted by the courts as limited and described by the record of conviction” Some examples of Crimes of Moral Turpitude are:
- Assault and/or Battery;
- Carrying Concealed Weapon with Intent to Use or Firearms Discharge;
- Child or Spousal Abuse;
- Drug Offenses are often not waivable unless less than 30mg of marijuana;
- Driving Under the Influence or Disorderly Conduct;
- Fraud & Misrepresentation;
- Money Laundering;
- Murder and Voluntary Manslaughter;
- Terrorist Threats
Waivers of Inadmissibility I-601
The above list of reasons of inadmissibility are not exhaustive, however these are some of the common grounds for inadmissibility. To successfully get your Inadmissibility Waivers approved, it must be diligently prepared and submitted to the Immigration office. There are numerous waivers of inadmissibility available, if you think you may be inadmissible, you should contact an experienced Immigration Attorney to review and strategically prepare your I-601 Inadmissibility Waivers.