Immigration Waiver Lawyer

Individuals who are considered inadmissible in accordance to the criteria as stated in the Immigration and Nationality Act (INA) are not permitted by law to enter or remain in the United States.

Categories of inadvisability include the following:

  • Due to Health
  • Due to criminal reasons
  • Due to national security reasons
  • Due to likelihood of becoming a public charge
  • Due to lack of labor certification (if required)
  • Due to fraud or misrepresentation
  • Due to prior removals and/or illegal existance
  • Miscellaneous grounds

For certain grounds of unacceptability, it may be possible for a person to obtain a confirmation of that. In some cases, exceptions are applicable and no disclaimer is required to overcome the inadmissibles.
Examples include exceptions for aliens who have been battered, abused, or subjected to extreme cruelty, who are victims of severe forms of trafficking, and who are minors.


I-601A Provisional Waiver

Persons who are in America and believe they are or will be inadmissible for three or ten years upon their departure because they accrued more than 180 days of wrongful Inherence in the States, may be eligible for a provisional prohibited occupancy renunciation. The provisional unauthorized habitance remission only applies to those who are in the New World but are seeking an outlander ID through the consular process at a U.S. Embassy or consulate abroad and are relatives of (a) U.S. citizens or resident spouses or (b) U.S. citizens or resident parents and can demonstrate extreme hardship to the qualifying relative. The individual applicant for a provisional forbidden latency forgoing must be requested before they depart the U.S. by submitting Form I-601A, Application for Provisional Banned Presence Relinquishment, with USCIS and obtain the approval of the abandonment prior to departure.

provisional unlawful presence waiver

If granted, the refusal is provisional and does not take effect until the individual leaves the country, appears for his or her documentation examination and the Department of State consular officer determines that they are otherwise admissible to the US. The rejection documentation only covers one ground of impermissibility 鈥 iniquitous ubiety. An individual who may be subject to multiple grounds of inadvisability will not be eligible for the provisional lawless companionship exemption but may still seek a discharge through the Form I-601, Application for Relinquishment.

An applicant who is seeking a rejection while outside the US, or if the individual is seeking adjustment of status or temporary protected status while in the USA, or if an individual is an applicant for a K visa abroad, the form that they should use to overcome certain prohibited terms is the Form I-601.

If you are seeking adjustment of status, TPS, or a K visa, you can file the Form I-601 with your request for an immigration benefit or after you have filed your request.

If you are seeking identification papers at the U.S. consulate, you can only file the Form I-601 after you are interviewed by a Department of State consular officer who found you to be inadmissible to the land. Get in touch with our immigration attorney Houston, TX for additional information.