I-601A Waiver Attorneys in New York
When a person goes through the legal process of immigration, there are many factors that can impact their status and even ban them from being legally admissible to the United States, even if they are already here. An I-601 waiver requests that a person who has been deemed “inadmissible” by the United States is permitted to continue the process of adjusting their status or completing their immigrant visa. Some reasons a person may be banned include health issues, criminal history, security violations, and illegal entry into the United States. In order to convince immigration officials that this person should be allowed to enter or stay, the applicant will have to establish extreme hardship to the parent, spouse, or another immediate family member if they were not allowed to enter or stay. If you need our legal services, contact the experienced attorneys at Nassau County Immigration Law Group to guide you through your I-601A waiver.
I-601 Waivers
The 601-A is specific and is used for 10-year bars only and is a relatively new process. The I-601A process allows a foreign national, who is not eligible to file for adjustment of status, to file the waiver for the 10 year bar in the U.S. and wait for its approval. Upon approval, then and only then will we make arrangements to schedule an immigrant visa interview in the foreign national’s home country. It is important to note that if the foreign national is required to file multiple waivers, then s/he will not be eligible to process the waiver through the I-601A process and must file the waivers after the immigrant visa interview abroad. If approved, then the foreign national returns for the interview and should return within 2 weeks. If it is not approved, there is no appeal.
Foreign nationals may need to file other waivers relative to immigration violations they committed previous such as a criminal conviction or providing false or misrepresenting a material fact in any other immigration violation. If submitting an Adjustment of Status application, the waiver can be filed concurrently with the application. However, if consular processing which requires the foreign national to appear in his home country, then the waiver can only be filed after the interview, which will add many months before he can return to the U.S. In these scenarios, should USCIS deny the waiver, the foreign national is eligible to file an appeal to the AAO.
Inadmissibility for Health Reasons
You could be barred from entering the country because of health. You could be barred because of a communicable disease or a mental disorder. You could be barred from entering the United States because of a failure to receive the required vaccinations, including hepatitis A and B, influenza, measles, meningococcal, and more as required by immigration visa applicants. With so many variables to consider, always contact an attorney to discuss your situation so that nothing comes as a surprise and your application goes through without issue.
Inadmissibility for Criminal History
You could be denied admission to the United States based on your criminal history. If you were involved in a crime of moral turpitude, your application could be denied. This means that you were convicted of a crime that is considered contrary to community standards of justice, honesty, or good morals. These can include but are not limited to:
- Theft
- Voluntary manslaughter
- Rape
- Spousal abuse
- Child abuse
- Larceny
You could also be denied admission because of a controlled substance violation. Please be advised that the only waiver for a drug conviction is for 30 grams or less of marijuana. There is no waiver for any other drug conviction and therefore the foreign national will be forever barred from entering the U.S. It is important to contact Nassau County Immigration Law Group to discuss this matter in greater detail as not every conviction for controlled substance is a conviction for immigration purposes. Also, we may be able to vacate some convictions.
How does a security violation impact my admissibility?
When someone wants to enter the United States and become a citizen, it is normal for the authorities to conduct a check into the person’s connection to anyone or anything that will impact the security of the country. If you have any connection to terrorism, spy activities, or a group of dangerous ideology, you may be considered “inadmissible” to the United States.
How can my illegal entry impact my admissibility?
Whether you entered the United States illegally or overstayed your visa, you could face grounds for inadmissibility. If you were in the U.S. illegally for a certain period of time and left voluntarily, you will face a bar unless you reentered with an Advance Parole document.
Contact an Experienced Nassau County Immigration Attorney
If the grounds are not serious enough and you can establish extreme hardship on a family member because of your absence, you may be able to waive the grounds of inadmissibility. This is an uphill battle and the standards are quite high to achieve your desired results. If you need a legal team with over 50 years of combined experience successfully obtaining I-601A waivers, contact the attorneys at Nassau County Immigration Law Group for a consultation.