DC Waiver of Inadmissibility Form

The most common waivers inadmissibility form is filed on form USCIS form I-601 and the purpose of this form is to provide a person’s biographical information, identify the grounds of inadmissibility that the individual has been deemed subject or that they believe they are subject to, and present a basic argument for why they qualified for a waiver.

First of all, this form is the most simple part of the application process and is essentially the cover to the actual waiver application. For most cases, especially where the showing of extreme hardship to the qualifying US family member is required, these applications are very expensive; they require thorough documentation of the hardship requirements.

Also, of the positive discretionary factors that warrant a positive grantee’s discretion. The form is really just the cover to the actual waiver so it in no way indicates  that a person is automatically eligible for the waiver.

Different waivers have different legal standards that a person has to meet in order to have them granted but all waivers are discretionary. So, there is always going to be an exercise of discretion by the government and it is always going to require their documentation beyond just the form itself.

Where the Waiver Goes

The process for submitting the I-601 depends on where the individual has been deemed inadmissible, where they’re applying for the waiver, and who is applying for the waiver. For people abroad and applying for an initial entry into the United States, they will be submitting the waiver at the consulate or embassy abroad and it will be adjudicated there.

The individuals who are within the United States and are applying for a person’s adjustment status or for the provisional waiver or are in front of an immigration judge, they will be submitting it either directly with USCIS or they’ll be submitting it with an immigration judge who will be adjudicating it in court.

After a Denial

If you’re deemed inadmissible and you submit a waiver and the waiver is denied, a person is absolutely barred from entering the United States or from obtaining the type of status that they were hoping to obtain from within the Unites States.

A person is allowed to re-file in certain situations, depending on where their case is being adjudicated. If the applicant is abroad and has submitted a waiver that was denied, they can re-submit. However, it is not advisable to do so unless there has been a material change in circumstances in their case because it is unlikely that the decision will be different based on the same information that was previously submitted.

An individual can re-file if they are abroad, however, if they are in removal proceedings and the waiver has been denied by the immigration judge, they will not be allowed to re-file unless there are material changes in the situation which will allow for the case to be reopened or would allowed to be re-adjudicated for some extenuating reason.

Important to Know

The form itself is very straight forward. Applicants just need to be very careful that they correctly identify the reasons that they’re applying for inadmissibility and make sure that they are actually eligible. The form itself is really the simple part – the supporting documentation in most cases is what will determine whether or not the application is approved or denied. Additionally, there is a $585 filing fee.

Expediting the Process

There is basically no way of speeding up the process. The process for the waiver of inadmissibility to be adjudicated will depend on where it is filed. If it’s filed in front of the immigration court, it’s going to depend on the calendar of the court and how long it will take for you to receive an individual hearing in front of an immigration judge.

If the individual is filing a provisional waiver in front of USCIS on form I-601A, then those depend on the current adjudication times at the time it was filed. Right now, they’re taking about 10 months.

If the individual is filing for a waiver of inadmissibility from abroad then it will depend on the adjudication times of that particular consulate that the individual is applying for. Therefore, we cannot state a particular timeframe that will be accurate for the different types of waivers.

It really depends on where the applicant is and what type of waiver they’re applying for.