19 Dec When is a Form I-601 waiver required?
By Atty. Crispin Caday Lozano
Sometimes, for lack of guidance from an experienced immigration attorney, applicants for immigration benefits, including those seeking K-1 or K-2 visas, makes a fraudulent action or willful misrepresentation. In these cases, the applicants are required to file Form I-601 or Application for Waiver of Ground of Inadmissibility.
Q: What grounds of inadmissibility may be covered by a waiver?
A: The following grounds of inadmissibility under the Immigration and Naturalization Act (INA) are as follows: health-related grounds, criminal and related grounds, immigrant membership in a totalitarian party, misrepresentation in immigration matters, smugglers, subject to civil penalty, and unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S.
Q: How long is the validity of the waiver?
A: If the waiver is granted, then, except for K-1 and K-2 nonimmigrant’s and conditional permanent residents, the grant permanently waives fraud or willful misrepresentation included in the application for purposes of any future immigration benefits application, whether immigrant or nonimmigrant. The waiver remains valid even if the person later abandons or otherwise loses LPR status.
Q: If you are a conditional permanent resident, is the waiver also permanent in nature?
A: For conditional permanent residents, the waiver only becomes valid indefinitely if and when the conditions are removed from his or her permanent resident status. Conversely, termination of the conditional permanent resident status also terminates the validity of the waiver.
Q: Does the waiver cover all grounds of inadmissibility?
A: A waiver applies only to the specific grounds of inadmissibility and related crimes, events or incidents specified in the waiver application. If, in the future, the applicant is found inadmissible for a separate incident of fraud or willful misrepresentation not already included in an approved waiver application, he or she will be required to file another waiver application. USCIS may reconsider an approval of a waiver at any time if it is determined that the decision has been made in error.
Q: Are there conditions for the grant of a Waiver to K-1 or K-2 nonimmigrant visa applicants?
A: If the applicant seeks a waiver to obtain a fiancé (e) visa (K-1 or K-2), the waiver’s approval is conditioned upon the K-1 nonimmigrant marrying the U.S. citizen who filed the fiancé (e) petition. The waiver becomes permanent once the K-1 marries the petitioner.
Q: What happens to the waiver if the K-1 nonimmigrant does not marry the petitioner?
A: In general, if the K-1 nonimmigrant does not marry the petitioner, the K-1 and K-2 (if applicable) will remain inadmissible for purposes of any application for a benefit on any basis other than the proposed marriage between the K-1 and the K nonimmigrant visa petitioner.
Q: What happens if at the time of entry, the immigration officer declares the visa holder inadmissible based on documentary requirements?
A: If an applicant procured an immigration benefit by fraud or willful misrepresentation, the applicant may also be inadmissible for lack of documentary requirements at the time of entry. When an applicant is granted a waiver for fraud or willful misrepresentation, inadmissibility based on lack of documentary requirements at the time of entry is also implicitly waived.
Q: Can you give an example of the above?
A: For example, an applicant misrepresents a material fact during the overseas nonimmigrant visa application process. The Department of State, however, grants her a visa. Later, she applies for adjustment of status. During her adjustment interview, an officer discovers her misrepresentation and finds her inadmissible for both willful misrepresentation and failure to comply with documentary requirements. The applicant then applies for a waiver of inadmissibility for willful misrepresentation. Approval of the waiver has the effect of waiving inadmissibility for willful misrepresentation and for the lack of a valid visa at the time of entry.
Note: This is not a legal advice. You should consult with an immigration attorney about your specific circumstances.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
- For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
- On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
- On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
- On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
- For the month ending March 31, 2018, we received approvals for four naturalization applications.
- For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
- On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse. The I-601 waiver was approved based on extreme hardship.
- On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org