Many people have asked about how to get back to US after being deported, or having overstayed visa. This legal guide is written to give a rough idea.
Under US Immigration law, an alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible may seek a waiver of certain grounds of inadmissibility.
Common grounds of inadmissibility primarily include:
A. Health-related grounds, communicable disease of public health significance, mental or physical disorder of certain degree;
B. Certain criminal grounds, a crime involving moral turpitude, or a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, with exceptions.
C. Immigrant Membership in Totalitarian Party
Immigration fraud or misrepresentation.
E. Smugglers and Being Subject of Civil Penalty ;
The 3-year or 10-year bar etc.
What Evidence Should Be Submitted With the Application?
If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen, you must attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, son, daughter or parent, or your U.S. citizen fiancé(e).
If you are a VAWA self-petitioner and you seek a waiver under INA section 212(a)(9)(C)(iii), submit any evidence that you believe establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim, your unlawful presence and your departure (or your removal) and your unlawful return or attempted unlawful return.
If you are a T nonimmigrant status holder seeking a waiver under INA section 212(a)(1) or section 212(a)(4), submit any evidence that demonstrates it is in the national interest to waive these grounds. If you are seeking a waiver under any other INA section 212(a) ground, submit any evidence that demonstrates it is in the national interest to waive such ground and that the activities rendering you inadmissible were caused by or were related to your victimization.
If you are a TPS applicant, any information that supports granting your waiver request on humanitarian, family unity, or public interest grounds.
If you are inadmissible because you have sought to procure an immigration benefit by fraud or misrepresenting a material fact (INA section 212(a)(6)(C)(i)), this waiver may be approved if you can establish that:
A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent) or the K visa petitioner would experience extreme hardship if you were denied admission; or
You are a VAWA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child may experience extreme hardship if you were denied admission.
If you are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but that you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; OR At least 15 years have passed since the activity or event that makes you inadmissible, that you have been rehabilitated, and that your admission to the United States or the issuance of the immigrant visa will not be contrary to the national welfare, safety, or security of the United States; OR, your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; OR, you are an approved VAWA self-petitioner.
Hope this legal guide helps to understand 601 waiver in a nutshell. The law is very complicated. This guide should not be considered as legal advice. For practical advice, please consult an experienced lawyer with specific facts. You are welcome to visit our website at www.lindaliangandassociates.com or email us at email@example.com.