Immigration Law

Revised Form I-601 to Waive Inadmissible Grounds Under the Immigration and Nationality Act

By Robert Kraft

Certain foreign nationals who seek to be admitted into the United States or adjust their status in the United States are unable to do so if acts, convictions, or medical conditions make them inadmissible.  There are several grounds listed in the Immigration and Nationality Act (INA) that make a foreign national inadmissible to the United States. The following are grounds for inadmissibility:       

• health-related grounds
• certain criminal and related grounds
• Immigrant Membership in a Totalitarian Party
• Immigration fraud or misrepresentation
• Smugglers
• Being Subject to Civil Penalty
• Unlawful presence in the U.S. for more than 180 days, beginning on or after April 1, 1997, followed by departure if the U.S. - three or ten year bar
• Aliens previously removed and unlawfully present after previous immigration violation (only for NACARA or HRIFA adjustment application)
• unlawfully present after previous immigration violations for VAWA self-petitioners

 
In order to waive these inadmissibility grounds, the foreign national must file Form I-601 Application for Waiver of Grounds of Inadmissibility. Beginning November 21, 2009, waiver applicants must file revised Form I-601 as U.S. Citizenship and Immigration Services (USCIS) will not accept the prior version beginning on that day.

The revised form will be marked with Revision Date 04/06/09N, OMB Expiration Date 04/30/11. The revised form makes it easier for waiver applicants to select from a list of grounds of inadmissibility. In addition to the list of grounds, there is a section that allows applicants to describe in their own words why they believe they are inadmissible. For additional information on waivers, grounds of inadmissibility or any other aspect of immigration law please call Kraft & Associates at 214-999-9999. Additional information is also available at www.uscis.gov.

Full post as published by Immigration Law Answers Blog on October 26, 2009 (boomark / email).