Waivers of Inadmissibility

Obtaining A Waiver Of Inadmissibility

A person who has been declared inadmissible to the United States on one or more grounds may still be able to gain lawful admission through the waiver of grounds of inadmissibility. A person who is granted a waiver is able to then proceed with the process of entering the U.S. or remaining in the U.S. permanently if he or she is already here.

Applying for a waiver of grounds of inadmissibility is a complex process that requires a comprehensive understanding of the standards that must be met in order for a waiver to be granted. The experienced attorneys at Henry & Grogan in Philadelphia guide applicants through the process and advocate on their behalf. We can review your situation during a free consultation and determine if seeking a waiver is the best option. Call us or use the contact form on this website to schedule a meeting.

Grounds Of Inadmissibility

Individuals may be declared inadmissible to the United States for these reasons:

  • Health-related — Including communicable diseases, refusal of required vaccinations and physical or mental disorders that are associated with harmful behaviors
  • Criminal and related violations — Including crimes involving moral turpitude, controlled substances, prostitution and serious criminal activity for which immunity from prosecution has been received
  • Security — Including suspected spies, terrorists, members of a totalitarian or communist party, and individuals whose entry would endanger U.S. foreign policy
  • Illegal entrants — Including individuals who do not have required immigration documents (such as green cards or visas) and individuals who knowingly misrepresented themselves or committed fraud in order to obtain an immigration benefit
  • Unlawful presence in the U.S. or inadmissibility based on prior removal or unlawful presence after prior immigration violations
  • Likelihood of becoming a public charge — In jail or on welfare
  • Miscellaneous grounds — Including practicing polygamists, guardians accompanying helpless aliens, and international child abductors and relatives supporting abductors

Grounds For Granting Waivers

In most cases, an application for waiver of grounds of inadmissibility is initiated by filing Form I-601 with the U.S. Citizenship and Immigration Services (USCIS). There is a filing fee of $585. An applicant must have all necessary supporting documentation that will support the claim that he or she is deserving of being granted a waiver. Depending upon the type of waiver being sought, this may include:

  • Medical records
  • Police reports from other countries of residence
  • Court records of any convictions or charges from another country
  • Evidence of rehabilitation
  • Evidence that granting a waiver will not endanger national security
  • Evidence that the waiver serves a humanitarian purpose
  • Evidence of extreme cruelty

Our experienced immigration lawyers know what it takes to successfully obtain a waiver. It starts with an investment of time upfront to get a full understanding of the unique facts of your case. When you hire Henry & Grogan, you work directly with an attorney from start to finish, so he or she becomes intimately familiar with the facts that will help accomplish your objectives.

We work with clients in Greater Philadelphia and throughout Southeastern Pennsylvania, as well as New Jersey, New York and Delaware. We welcome the opportunity to meet with you and recommend the best steps to take.