Who Qualifies for Waivers of Inadmissibility in Arizona?
There are different waiver requirements for inadmissibility in Arizona, so a person must be sure they satisfy the necessary criteria to submit an application. When you are dealing with an inadmissibility in Arizona issue relating to your immigration application, you will want to seek the help of an experienced Phoenix immigration attorney.
When a person is deemed inadmissible to the United States but is seeking an immigrant visa, adjustment of status, certain nonimmigrant status, or certain other immigration benefits, they have to file a Form I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds of inadmissibility in Arizona. This is a 12-page document, and you will need to complete all 12 pages.
There is a $930 filing fee for Form I-601. Required initial evidence in these cases will include the following:
- Evidence establishing why a person may qualify for a waiver of inadmissibility in Arizona, which depends on the ground(s) of inadmissibility that applies to the person and should include evidence to show why USCIS should grant the person a waiver of inadmissibility as a matter of discretion.
- Evidence supporting a person’s claim of extreme hardship (when applicable).
- When a person is applying for a waiver that requires them to show extreme hardship to either a spouse, parent, son or daughter of a United States citizen or lawful permanent resident, they must submit evidence establishing the family relationship and evidence showing the denial of admission would result in extreme hardship to that qualifying relative.
- If the person is a Violence Against Women Act of 1994 (VAWA) self-petitioner seeking a waiver for immigration fraud or misrepresentation, they can show how the denial of admission would result in extreme hardship to their qualifying relatives or themselves.
- Evidence supporting a waiver for inadmissibility in Arizona due to a communicable disease of public health significance (when applicable).
- Evidence supporting a person’s request for a vaccination exemption (when applicable).
- Evidence supporting a waiver of inadmissibility due to physical or mental disorder and associated harmful behavior (when applicable).
- Evidence supporting a waiver of criminal grounds of inadmissibility found in Immigration and Nationality Act (INA) § 212(a)(2) (when applicable)
- Evidence supporting a waiver for immigration fraud or misrepresentation (when applicable).
- Evidence supporting a waiver for inadmissibility in Arizona because of a person’s membership in a totalitarian party (when applicable).
- Evidence supporting a waiver for inadmissibility due to alien smuggling (when applicable).
- Evidence supporting a waiver of inadmissibility due to being the subject of a civil penalty under INA § 212(a)(6)(F) (when applicable).
- Evidence supporting a waiver of the three-or 10-year unlawful presence bar under INA § 212(a)(9)(B)(v) (when applicable).
- If a person is a TPS applicant, evidence that a waiver is warranted.
- Evidence that a person warrants a waiver of inadmissibility based on factors that would be considered if they were seeking consent to reapply if they are seeking adjustment of status under the Nicaraguan Adjustment and Central American Relief Act (NACARA) § 202 or Haitian Refugee Immigration Fairness Act (HRIFA) § 902, and inadmissible under INA § 212(a)(9)(A) or (C).
- Evidence showing a connection between the battery or extreme cruelty that is the basis for a VAWA claim and the self-petitioner’s removal, reentry or reentries into the United States, departure from the United States, or attempted reentry into the United States if they are an approved VAWA self-petitioner or the child of an approved VAWA self-petitioner and inadmissible under INA § 212(a)(9)(C)(i).
- Evidence supporting waiver if a person is an applicant for adjustment of status as a Special Immigrant Juvenile (when applicable).
Inadmissibility Claims for Green Card Applicants in Arizona
Noncitizens satisfying minimum eligibility requirements for lawful permanent residence (green cards) in the United States must show that they are not entirely inadmissible to the United States. A waiver application will not be open to every applicant, as certain categories of inadmissible applicants cannot apply for a waiver.
People may be forbidden from seeking inadmissibility waivers if they:
- committed drug or controlled substance violations that are more serious than single simple possession offenses involving 30 grams or less of marijuana
- are either known or reasonably believed to have been involved in drug trafficking
- have histories of drug abuse or addiction
- were convicted of or admitted to committing murder, torture, or conspiracy to commit either offense
- are foreign government officials who committed particularly severe violations of religious freedom
- trafficked in human beings (including family members who benefited financially)
- were unlawfully present in the United States for at least one year in total or ordered to be removed and reentered or attempted to reenter the United States illegally
- are suspected of entering the United States to commit espionage, sabotage, or violations of American laws that prohibit the export of particular goods, technology, or sensitive information
- are either members, supporters, or otherwise affiliated or active with a terrorist organization
- participated in Nazi German acts of genocide or persecution
- committed torture or extrajudicial killing
- were involved in political killings
- participated in the recruitment or use of child soldiers
- are likely to become “public charges” dependent on need-based government assistance
- failed to attend removal proceedings (immigration court hearings) within five years before submitting the green card application
- abused student visas
- are permanently ineligible for United States citizenship
- departed from or remained outside the United States to avoid serving in the Armed Forces in a time of war or national emergency
- are practicing polygamists
- committed international child abduction
- were formerly United States citizens but renounced citizenship to avoid paying taxes
- knowingly submitted a frivolous application for asylum
- were involved in confiscating the property of United States nationals
- were credibly alleged to have aided and abetted Colombian insurgent and paramilitary groups
- made any false claim to United States citizenship or voted unlawfully
If a person is inadmissible to the United States on health grounds, they might be able to request that immigration authorities overlook their ground of inadmissibility in Arizona by filing a waiver application. People can apply for the following:
- Waivers of a Communicable Disease
- Waivers of the Vaccination Requirement
- Waivers of a Mental or Physical Disorder
- Waivers Subject to Conditions and Bond
Certain criminal convictions can also make a person inadmissible. Some of the crimes include:
- Convictions for crimes involving moral turpitude, which do not include crimes committed when a person was under 18 years of age and crimes for which the maximum penalty did not exceed one year in prison, and a person was not sentenced to more than six months in prison
- Convictions for controlled substance violations or conspiracies to commit such offenses
- Convictions for two or more criminal offenses for which prison sentences totaled at least five years
- Convictions for or participation in controlled substance trafficking
- Prostitution offenses
- Serious criminal offenses in the United States for which a person never participated in the criminal justice process
- Severe violations of religious freedom while a person was serving as a foreign government official
- Human trafficking offenses
- Aggravated felony when a person was removed from the United States and is seeking to return
- Money laundering
INA § 212(d)(3) establishes that a person seeking to enter the United States as a nonimmigrant but who is deemed ineligible for a nonimmigrant visa or inadmissible can still be admitted at the discretion of immigration authorities. This section is known as the Hranka waiver because the immigration court case, Matter of Hranka, which was a for-precedent decision from the Board of Immigration Appeals (BIA) regarding the case of a 25-year old Canadian native and citizen who was inadmissible to the United States because she had been previously deported for having engaged in prostitution.
The BIA stated that the purpose for which Congress created the INA § 212(d)(3) waiver was because it recognized that there could be cases in which the temporary admission of otherwise inadmissible aliens was desirable for humane reasons or for reasons of public interest. The three legal factors that need to be weighed by immigration authorities in deciding whether to grant a request under INA § 212(d)(3) include:
- the potential harm to society if a waiver applicant is admitted to the United States
- the seriousness of an applicant’s prior criminal or immigration violations, if any
- the nature of the applicant’s reason for wishing to enter the United States
The United States Court of Appeals for the Second Circuit issued a decision in United States v. Hamdi, 432 F.3d 115 (2d Cir. 2005) in which the court took into account that Hranka invites consideration of the length or nature of a sentence imposed upon an alien for criminal activity in determining whether they merit a favorable exercise of discretion under INA § 212(d)(3). The decision was authored by Supreme Court Justice Sonia Sotomayor.
Nonimmigrant visa applicants will not be eligible for a waiver if they are deemed inadmissible because they:
- were suspected of intending to commit espionage, sabotage, or prohibited export of sensitive technology or information
- participated in Nazi persecutions or genocide
- were presumed to intend to remain in the United States as permanent immigrants
- knowingly made a frivolous application for asylum
- were involved in political killings
- previously overstayed a United States visa
Certain immigrant visa applicants who are relatives of United States citizens or lawful permanent residents can use Form I-601A, Application for Provisional Unlawful Presence Waiver, to request a provisional waiver of the unlawful presence grounds of inadmissibility in Arizona under INA § 212 (a)(9)(B), before departing the United States to appear at a United States Embassy or Consulate for an immigrant visa interview. Required initial evidence in these cases will include the following:
- A person’s immigrant visa petition approval notice or Department of State (DOS) Electronic Diversity Visa Entrant Status Check printout (when applicable)
- A copy of a person’s Department of Justice EOIR Administrative Closure Order (when applicable)
- A copy of a person’s Form I-797, Notice of Action, showing USCIS approved their Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (when applicable)
- A person’s DOS Immigrant Visa Processing Fee Receipt (for immediate relatives, family-sponsored, and employment-based immigrant visa applicants)
- Evidence of a person’s relationship to their qualifying relative (when applicable)
- Evidence of United States citizenship or lawful permanent resident status of a qualifying relative (when applicable)
- Evidence of a person’s admission or parole
- Evidence of extreme hardship
- Evidence a person’s case warrants a favorable exercise of discretion
Form I-601A is for certain close relatives of United States citizens and lawful permanent residents who are seeking waivers of the three- and 10-year time bars for unlawful presence and are doing so in advance of leaving the United States for their immigrant visa (green card) interview at a United States consulate in their home country.
Call Us Today to Schedule a Free Consultation with an Arizona Immigration Attorney
Are you struggling to overcome inadmissibility issues in your pursuit of citizenship in the United States? You will want to be sure you work with Diamondback Legal because we will know how to help you navigate the complicated requirements necessary to prevail in your legal claims.
Our firm understands federal immigration laws at all levels and knows how to help people achieve their desired results. Call (602) 492-9437 or contact us online to take advantage of a free consultation with our Phoenix immigration lawyer.
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