Immigration law in California includes matters such as expediting citizenship, expediting green card applications and defending against deportation. It can be stressful to find out that a loved one is inadmissible to the United States, but certain measures under immigration law could help their case.
Why would someone be inadmissible to the United States?
The United States will bar immigrants from returning to the country or applying for a green card if the person has a criminal past. The reasons for inadmissibility include criminal activity, national security, health, public charge, lack of labor certification, prior removals, misrepresentation and fraud.
People can ask for a waiver for entry. Immigrants outside of the country need Form I-601. Immigrants within the country need Form I-601A.
Immigration hardship waivers
Immigration hardship waivers have a long wait and are complex. Immigrants can use Form I-601 when they are found to be ineligible for immigration to the United States. The form helps immigrants apply for a waiver to adjust their status with other visa categories. An immigrant can only use the form for specific grounds of admissibility.
Form I-601A is for immigrants with immediate family members who are already citizens or have green cards. An immigrant has to leave the United States and apply for a green card at the embassy. There’s a ban ranging from 3 to 10 years, but with the hardship waiver, an immigrant can skip the ban period. The immigrant must apply for the waiver before leaving the country.
How to apply for waivers
An immigrant outside the country and ineligible for certain immigrant visas can apply for a waiver of inadmissibility. If the official denies the waiver of inadmissibility, they can file a Form I-601. The application is available online or through the mail. If there’s a denial of the form, a person can appeal, reopen or reconsider the decision.
Form I-601A asks whether the person will have to wait for the 3-to-10-year ban before reentry. There will be a background check, and applicants must be at least 17 years old.
Hardship waivers are easy to ask for but complex to get through. A person must get the correct form for their circumstances to help with the procedure, so it’s important to read the forms carefully before filling them out.
