Otherwise Inadmissible persons
Persons may be inadmissible to the United States for any one of the grounds for excludability listed below.Health Related Grounds
* Communicable diseases of public health significance. This currently includes Class ACriminal and Related Violations
* Crimes involving moral turpitude (other than a purely political offense) * ASecurity and Related Violations
*spies, saboteurs or terrorists *voluntary members of Communist or otherIllegal Entrants and Immigration Violators
There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility: * Persons who enter the U.S. without being admitted or paroled at a port of entry (EWI - Entry Without Inspection) or who overstay a valid visa begin to accrue unlawful presence after theMiscellaneous grounds
*practicing polygamists *guardians accompanying helpless aliens *International child abductors and relatives supporting abductors * Former U.S. citizens found by the Attorney General to have renounced citizenship for the purpose of avoiding taxation (the currently-unenforced Reed Amendment)Requirements for Approval of a Waiver of Ground of Inadmissibility by Ground of Inadmissibility
Unlawful Presence (3/10 Year Bar)
* If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar), they may apply for a Waiver of Ground of Inadmissibility on Form I-601. * It is important to note that an applicant MAY NOT BE ELIGIBLE to apply for this waiver of inadmissibility if they were unlawfully present in the United States for more than one year, left the United States, then returned without being admitted or paroled (EWI). * The applicant must establish that their U.S. citizen or legal permanent resident spouse, parent, or the K visa petitioner would suffer extreme hardship if the application were denied. * There are special instructions for TPS and VAWA self-petitioners applying for a waiver of this ground of inadmissibility.Criminal Grounds
* The applicant may apply for a Waiver of Ground of Inadmissibility on Form I-601 if they have been found to be inadmissible for: (1) a crime involving moral turpitude (other than a purely political offense); (2) a controlled substance violation according to the laws and regulations of any country. (3) two or more summary convictions (other than DUI's Dangerous Driving or General Assault), or one or more Indictable convictions. (4) prostitution; (5) unlawful commercialized vice whether or not related to prostitution; or (6) being an alien involved in serious criminal activity, who has asserted immunity from prosecution. * The applicant must establish that they are inadmissible only because of participation in prostitution (including having procured others for prostitution or having received the proceeds of prostitution), but that they have been rehabilitated and their admission 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 made the applicant inadmissible, they have been rehabilitated and that their admission to the United States (or issuance of the immigrant visa) will not be contrary to the national welfare, safety or security of the United States; OR * The applicant's qualifying U.S. citizen or legal permanent resident spouse, son, daughter, parent or K visa petitioner would experience extreme hardship if the applicant were denied admission; OR * The applicant is an approved VAWA (Immigration Fraud or Misrepresentation
* If the applicant is inadmissible because they have sought to procure an immigration benefit by fraud or misrepresenting a material fact NA Section 212(a)(6)(C)(i) they may apply for a Waiver of Ground of Inadmissibility on Form I-601. * The applicant must demonstrate that their qualifying U.S. citizen or legal permanent resident spouse, parent or the K visa petitioner would experience extreme hardship if the applicant were denied admission OR the applicant is a VAWA self-petitioner and the applicant, their U.S. citizen or legal permanent resident parent or child would experience extreme hardship if the applicant were denied admission to the U.S.Health Related Grounds of Inadmissibility
* An applicant's petition may be approved if they are the spouse, parent, unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or legal permanent resident, or of an alien who has been issued an immigrant visa, or the fiance(e) of a U.S. citizen or the fiance(e)'s child; OR if they are a VAWA self-petitioner. * Please note that there are additional application requirements for individuals who are inadmissible due to diagnosis with Class A Tuberculosis, HIV, or a "Physical or Mental Disorder and Associated Harmful Behavior". * A blanket waiver of required vaccinations can be given by the civil surgeon for vaccinations that are not medically appropriate at the time of examination. Applicants with religious or moral objections to all vaccinations may submit proof and apply for a waiver.Immigrant Membership in a Totalitarian Party
* If the applicant is inadmissible because they were a member of, or affiliated with, the Communist or any other totalitarian party, they may apply for a Waiver of Ground of Inadmissibility on Form I-601. * A waiver may be granted for humanitarian purposes, to assure family unity, or when it is in the public interest if the applicant is the parent, spouse, son, daughter, brother or sister of a U.S. citizen, OR a spouse, son or daughter of a lawful permanent resident, OR the fiance(e) of a U.S. citizen. The applicant must also not be deemed a threat to the security of the United States.Alien Smuggling
* If the applicant is inadmissible because they have engaged in alien smuggling,INA section 212(a)(6)(E)(i) they may apply for a Waiver of Ground of Inadmissibility on Form I-601 ONLY IF they have encouraged, induced, assisted, abetted or aided an individual who at the time of the action was their spouse, parent, son or daughter (and no other individual) to enter the United States in violation of the law. * Also, the applicant must be either: (1) a legal permanent resident who temporarily proceeded abroad, not under an order of removal, and who is otherwise admissible to the U.S. as a returning resident; or (2) seeking admission or adjustment of status as an immediate relative, a first, second or third preference immigrant, or as the fiance(e) (or his or her children) of a U.S. citizen. * A waiver under this section may be granted for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest.Procedures
Applicants may download Form I-601, Application for Waiver of Ground of Inadmissibility from the USCIS websitReferences
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