Заявление на отказ от оснований для отказа во въезде в США

An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U. S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.

Persons may be inadmissible to the United States for any one of the grounds for excludability listed below.

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. 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.

If the applicant is inadmissible because they have sought to procure an immigration benefit by fraud or misrepresenting a material fact[INA Section 212(a)(6)(C)(i)], they may apply for a Waiver of Ground of Inadmissibility on Form I 601. 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.

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. 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.

Applicants may download Form I 601, Application for Waiver of Ground of Inadmissibility from the USCIS website Depending on whether an applicant is applying for an Immigrant Visa or Adjustment of Status, Form I 601 may be filed at the consular office, U. S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application. Issues surrounding waivers of grounds of inadmissibility may be complex (including eligibility issues) and it is generally advisable to consult an attorney. The filing fee for Form I 601 is currently $930.