What is the Function of an I-601A Waiver?

If you are someone who is either in the United States illegally or has overstayed their visa, you may wish to apply for permanent residency. However, in order to do so, you must first leave the United States and apply at a consulate. Unfortunately, as you may know, if you are in the United States illegally and you leave, you may be subject to a three or ten-year bar. If you wish to avoid this scenario, then read on and learn about what the I-601A waiver can do for you.

What does an I-601A do?

Essentially, as mentioned above, if you wish to apply for permanent residency and are here illegally, once leaving the United States to apply at a consulate, you are subject to a 3 or 10-year bar. However, an I-601A waiver will make you exempt from such a bar if you are inadmissible for any of the following situations:

  • Criminal conviction
  • Poor health
  • Illegal entry
  • Security violations

What are some of the reasons for inadmissibility?

One of the biggest reasons you may be considered inadmissible is poor health, particularly communicable disease, mental disorders, and those who will not receive the required vaccinations. In order to obtain a visa, you must receive vaccinations addressing the following:

  • Hepatitis A or Hepatitis B
  • Influenza, or Influenza type b (Hib)
  • Measles
  • Mumps
  • Meningococcal
  • Pneumococcal
  • Polio
  • Pertussis
  • Rotavirus
  • Rubella
  • Tetanus and diphtheria toxoids
  • Varicella, or chickenpox

You may also be considered inadmissible if you have been convicted of a crime of moral turpitude or a controlled substance violation. Security violations, such as being affiliated with any sort of terroristic activity or Communist regime may also deem you inadmissible. 

How do I qualify for an I-601A?

If you are inadmissible because you have been unlawfully present in the United States for more than 180 days, you may apply for an I-601A waiver. You must also establish that your United States citizen or legal permanent resident spouse or parent would suffer extreme hardship if your application is denied. Some examples of extreme hardship include, but are not limited to:

  • Your spouse or parent has another sick family member he or she will be unable to care for without your support
  • 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 for him or her overseas
  • Your spouse or parent has financial debts in the United States and cannot pay them without your support

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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