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Understanding the Waiver of Admissibility

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When applying for permanent immigration status or lawful permanent residence for a green card in the United States, some scenarios require the immigration officer to reject the application and deny your appication. These scenarios are often based on "Grounds of Inadmissibility” and can include things like unlawful presence, criminal history, national security concerns, fraud and immigration violations. However, if you fall under these categories, the United States government may allow you to apply for a waiver of inadmissibility.

A permanent waiver of admissibility form is filled out on Form I-601 for those applying from outside the United States, like ineligible immigrants. On the other hand, those within the United States, such as green card holders who require family members to immigrate, may need to use Form I-601A. The forms offer an opportunity to request clemency or reprieve from these grounds of inadmissibility and permission to enter or remain in the United States. Each waiver is reviewed individually, with some, like national security and violent criminal action, undergoing heavier scrutiny than others. An immigration officer decides the case which can often be a lengthy and uncertain process, especially for sensitive inadmissibility grounds. The severity of the reasons for inadmissibility and the applicant's ties to the United States are some factors that affect the decision.