Revised Form I-601 to Waive Inadmissible Grounds Under the Immigration and Nationality Act

Certain foreign nationals who seek to be admitted into the United States or adjust their status in the United States are unable to do so if acts, convictions, or medical conditions make them inadmissible.  There are several grounds listed in the Immigration and Nationality Act (INA) that make a foreign national inadmissible to the United States. The following are grounds for inadmissibility:       

  • health-related grounds
  • certain criminal and related grounds
  • Immigrant Membership in a Totalitarian Party
  • Immigration fraud or misrepresentation
  • Smugglers
  • Being Subject to Civil Penalty
  • Unlawful presence in the U.S. for more than 180 days, beginning on or after April 1, 1997, followed by departure if the U.S. - three or ten year bar
  • Aliens previously removed and unlawfully present after previous immigration violation (only for NACARA or HRIFA adjustment application)
  • unlawfully present after previous immigration violations for VAWA self-petitioners

 
In order to waive these inadmissibility grounds, the foreign national must file Form I-601 Application for Waiver of Grounds of Inadmissibility. Beginning November 21, 2009, waiver applicants must file revised Form I-601 as U.S. Citizenship and Immigration Services (USCIS) will not accept the prior version beginning on that day.

The revised form will be marked with Revision Date 04/06/09N, OMB Expiration Date 04/30/11. The revised form makes it easier for waiver applicants to select from a list of grounds of inadmissibility. In addition to the list of grounds, there is a section that allows applicants to describe in their own words why they believe they are inadmissible. For additional information on waivers, grounds of inadmissibility or any other aspect of immigration law please call Kraft & Associates at 214-999-9999. Additional information is also available at www.uscis.gov.

Don't Wait For Amnesty - Delays May Hurt Your Case

The possibility of comprehensive immigration reform has been in the forefront of the news for the last several months. Thousands of people in the United States are currently waiting for developments in immigration law. Even more, who are in the United States illegally, believe the passing of new laws will lead to amnesty or eventual citizenship.

Waiting for a new law to pass, however, may prevent you from obtaining immigration benefits now, and may even lead to possible denials of immigration status in the future. Those who are hoping for "amnesty" may find it more productive to begin their immigration cases now, since there are many ways of obtaining a green card in the U.S., even for those here illegally.

If you are married to a U.S. citizen or have relatives who are citizens, there may be different avenues available to you today that would make you eligible to receive your permanent residency. If you have been a victim of persecution in your home country, you may be eligible for asylum. If you have been in the U.S. for a certain length of time, you may also be eligible for immigration status. These are just a few examples of the groups of people who can begin their immigration cases today so that they may obtain permanent residency.

More important, there are many people who are waiting for immigration reform to pass believing that this will provide them a clear and free path to citizenship. This is simply not the case. In fact, many people who have legal options available to them now, may lose those options should any immigration reform be passed in the future. Furthermore, while it is likely that one day immigration reform may pass, we have no idea what benefits, if any, it would provide.

Rather than wait for an amnesty that may never arrive, take steps today to obtain legal status in the United States. Meanwhile, if any immigration reform is passed before your case is completed, there will be less of a chance that your status will be compromised. Finally, simply waiting and not taking any action is almost never a good idea.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.