Milwaukee, WI I601A Waiver Lawyer
Immigration issues are complicated legal matters. When people are denied entry to the United States, they face an uphill battle that can be devastating. Though the future may seem bleak, having the right attorney can be an asset in an otherwise scary situation. The I-601A petition is a powerful tool for those who are denied access to the country for a range of issues. For years, Sesini Law Group has provided effective legal support to clients in and out of the United States. If you need quality legal services from an experienced law firm, contact Sesini Law Group for a consultation.
What is an I-601?
If an immigrant has entered the country illegally or has overstayed their visa but wishes to apply for permanent residency, they must do so from outside of the United States at a consulate. That being said, those who are in the United States illegally but leave may be subject to a three or ten-year bar. The 601-A waiver allows a person to be exempt from such a bar. An Application for Waiver of Grounds of Inadmissibility (an I-601) is an application for legal entry to the United States made by an individual who is otherwise inadmissible because of such situations as:
- Poor health
- Criminal conviction
- Security violations
- Illegal entry
Reasons for inadmissibility
Health: This could include communicable diseases such as tuberculosis or leprosy or certain mental disorders. The category also includes people who will not receive required vaccinations. For example, United States immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of a visa:
- Hepatitis A
- Hepatitis B
- Influenza type b (Hib)
- Tetanus and diphtheria toxoids
Criminal Conviction: This could involve a crime of moral turpitude or a controlled substance violation. A controlled substance violation might involve simple possession of a small amount of marijuana, which remains a federal crime though some states have legalized the use and possession of these small amounts.
Security Violations: This could include being involved in any way with terrorism or being a member of a Communist regime.
Illegal Entry: This could include those who entered the country illegally or those who originally entered legally but stayed past their permitted timeframe such as a person entering on a valid visa but not departing on time.
If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days, they may apply for a Waiver of Ground of Inadmissibility on Form I-601. However, an applicant may not be eligible to apply for this waiver if they were unlawfully present in the United States for more than one year and then left the United States and returned without being admitted.
To qualify, the applicant must establish that their U.S. citizen or legal permanent resident spouse or parent would suffer extreme hardship if the application were denied.
Examples of extreme hardship include:
- Your spouse or parent has a medical condition and depends on you for care.
- Your spouse or parent is financially dependent on you and you will not be able to provide adequate support from overseas.
- Your spouse or parent has financial debts in the United States and cannot pay them without your support.
- Your spouse or parent has another sick family member and will be unable to care for that person without your support.
Contact Sesini Law Group
If you may fall into one of the categories of inadmissibility and desire to apply for citizenship, consult an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an I-601 waiver request based on inadmissibility for advice and assistance on the best way to do so to increase your opportunity to submit a successful application. Also, an attorney can assist you in identifying and collecting the best evidence to support your arguments.