Waiver of Inadmissibility

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Waiver of Inadmissibility

If an applicant for an immigrant visa has been convicted of a crime of moral turpitude or certain other crimes, the alien will be classified as inadmissible.  However, in some situations, an alien may be granted a waiver of inadmissibility.

I-601 Form

Applicants seeking a waiver based on a crime or other related grounds must complete and file an I-601 form in order to be considered for a waiver. If granted, the waiver will apply only to the crimes, incidents, or events listed on the application.

Crime Based

Applicants who are seeking a waiver based on criminal grounds of inadmissibility must show one of the following:

  • The crime involved moral turpitude (other than a purely political offense);
  • A controlled substance violation according to the laws and regulations of any country related to a single offense of simple possession of 30 grams or less of marijuana;
  • Two or more convictions, other than purely political ones, for which the aggregate sentences for confinement were five years or more;
  • Prostitution;
  • Unlawful commercialized vice whether related to prostitution or not; and
  • Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.

While completing the I-601 application, the alien will be required to show that:

  • He is inadmissible because of his participation in prostitution, but has since been rehabilitated and his potential admission to the U.S. will not prove to be contrary to the national welfare, safety, or security of the country; or
  • A minimum of 15 years have passed since the crime that made him inadmissible, that he has been rehabilitated, and that his admission into the U.S. will not prove to be contrary to the national welfare, safety, or security of the country; or
  • His qualifying U.S. citizen or lawful permanent resident relative (spouse, child, parent) or K visa petitioner would experience extreme hardship if he was denied admission; or
  • The individual is an approved VAWA (Violence Against Women Act) self-petitioner.

Immigration Fraud

Applicants seeking a waiver based on violations that amounted to acts of immigration fraud must show one of the following in order to be granted a waiver:

  • His qualifying U.S. citizen or lawful permanent resident relative (spouse, parent) or the K visa petitioner would experience extreme hardship if he was denied admission; or
  • The individual is a VAWA self-petitioner and he or his lawful permanent resident, child, or qualified parent may experience extreme hardship if he was denied admission.

Once an applicant has completed the form, he will submit the application to U.S. Citizenship and Immigration Services (USCIS) with the appropriate filing fee. Once the application has been received, it will be initially reviewed for its completeness. If it is deemed incomplete, it will likely be denied.

If found complete, USCIS may request further information from you in order to make its decision. You will be notified by mail regarding the final determination.

Keep in mind that there are severe penalties for any applicant who provides false or incorrect information on the application. For example, your current waiver application will be denied and future requests for immigration benefits or relief may be denied as well. In addition, you may face criminal charges.

Legal Representation

As you can see, rules and regulations associated with immigration waivers can be detailed and often confusing. The proper legal representation can assist you or a loved one with submitting any and all immigration related documentation. Having an experienced attorney by your side will ensure that you provide the government with all the necessary information required for your legal matters.

Arizona's "Crimmigration" Law Firm

If you are not a U.S. citizen, and you are charged with a crime, you automatically have two legal systems that threaten to penalize you with incarceration and deportation. Our law firm concentrates its practice on only criminal defense and immigration law. Our lawyers work in both the criminal and immigration systems, which ensures that our clients only need one law firm to protect them in criminal and immigration courts.

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