Philadelphia Waivers of Inadmissibility Lawyers

When an inadmissibility ground stands between you and a green card, visa, or lawful status, you need attorneys who can go beyond paperwork.  Henry & Grogan offers just that. Call us for representation from lawyers with decades of experience and a track record of succeeding in highly complex immigration cases, including those involving waivers of inadmissibility. 

Request a free consultation with our team today. Call (215) 568-1500. 

What Is a Waiver of Inadmissibility?

A waiver of inadmissibility is a provision in U.S. immigration law that allows individuals found inadmissible to still apply for the benefit they’re seeking: entry into the U.S., lawful permanent residence, or a green card. 

Admissibility is governed by INA Section 212, which lists specific grounds that can bar entry or lawful status. Not every ground can be waived, and most waivers require showing that a qualifying relative who is a U.S. citizen or lawful permanent resident would face extreme hardship if the application is denied.

Common Grounds of Inadmissibility

The specific ground of inadmissibility determines which waiver applies and what must be proven. Some grounds carry permanent bars with no waiver available. 

These are the categories that most frequently drive waiver applications:

• Unlawful presence: Being in the U.S. without authorization for more than 180 days triggers a 3-year bar on reentry. One year or more triggers a 10-year bar.
• Criminal grounds: Crimes involving moral turpitude and controlled substance offenses can trigger inadmissibility. Some criminal grounds are waivable while others are not.
• Fraud and misrepresentation: Willfully misrepresenting a material fact to obtain an immigration benefit is a ground of inadmissibility addressed by the 212(i) waiver for eligible applicants.
• Prior removal or deportation: Individuals previously removed must seek permission to reapply via Form I-212 before the bar period expires.
• Health-related grounds: Communicable diseases, failure to obtain required vaccinations, or disorders associated with harmful behavior can bar admission.
• Security-related grounds: Suspected terrorism, membership in certain organizations, or threats to U.S. foreign policy generally cannot be waived.
• Falsely claiming U.S. citizenship: This is a permanent ground of inadmissibility for which no waiver exists.

Understanding which ground applies to your situation is the starting point. The right path through immigration laws depends on the specific inadmissibility ground, your family ties, and what relief is legally available.

I-601, I-601A, & Criminal or Fraud Waivers

The type of waiver you need depends on the ground of inadmissibility and where you are in the immigration process.

Form I-601: Waiver of Grounds of Inadmissibility

Form I-601 can be filed to overcome unlawful presence, fraud and misrepresentation, certain criminal offenses, and other specified grounds. It can be filed from inside or outside the U.S., depending on your circumstances. 

You must generally show that denial would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative. USCIS evaluates extreme hardship case by case, considering the qualifying relative’s health, finances, family ties in the U.S., and the hardship of relocation.

Form I-601A: Provisional Unlawful Presence Waiver

The I-601A is filed from within the U.S. before you depart for consular processing. It allows certain relatives of U.S. citizens or lawful permanent residents to have the unlawful presence bar provisionally waived stateside, reducing family separation time. 

One important limitation: the I-601A addresses only unlawful presence. If a consular officer finds an additional ground of inadmissibility at the interview, the provisional approval can be revoked, and a conventional I-601 will be required instead.

Waivers for Criminal Grounds & Fraud

The 212(h) waiver addresses certain criminal inadmissibility grounds. It requires showing either that the criminal activity occurred more than 15 years ago and you’ve been rehabilitated, or that a qualifying U.S. citizen or lawful permanent resident relative would face extreme hardship. The 212(i) waiver covers fraud or misrepresentation and similarly requires demonstrating extreme hardship to a qualifying spouse or parent.

Trust Henry & Grogan with Your Waiver of Inadmissibility Case

A strong waiver application requires more than completing forms. It demands thorough documentation of extreme hardship, well-crafted personal statements, and a legal strategy that anticipates how USCIS will evaluate the claim. Our team delivers these things. Additionally, when a waiver is denied, we can seek appeals and other legal actions to further pursue the immigration benefits you need. 

Contact us to arrange an initial consultation. During this meeting, we can evaluate whether a waiver applies to your situation, which form fits your circumstances, and what the path forward looks like.

Call Henry & Grogan at (215) 568-1500 for a free consultation with our Philadelphia waivers of inadmissibility lawyers. 

Not sure where to start? Your first conversation with us costs nothing.

Free Consultation