There are several reasons U.S. immigration authorities may find an individual inadmissible—that is, ineligible to enter, remain in, or adjust status within the United States. Common reasons include a criminal record, certain contagious diseases, fraud or misrepresentation, unlawful presence, and other violations. However, if you are found inadmissible, you may still qualify for forgiveness through a waiver.
Applicants outside the U.S. can apply using Form I-601, while those already inside the country may file Form I-601A to request a provisional waiver of inadmissibility. The immigration attorneys at Green Card Link guide clients through this complex process, helping them understand eligibility requirements and increasing their chances of approval.
Grounds of Inadmissibility Under U.S. Immigration Law
The legal basis for inadmissibility is defined under Section 212 of the Immigration and Nationality Act (INA). The main categories include:
Each of these grounds has specific legal implications and, in many cases, potential remedies through a waiver.
Health-Related Inadmissibility
Health-based inadmissibility covers a broad range of conditions. Applicants may be deemed inadmissible if they have a communicable disease of public health significance (such as tuberculosis, syphilis, or leprosy), lack required vaccinations, or suffer from a mental or physical disorder that may result in harmful behavior. Substance abuse or addiction to illegal drugs can also render an individual inadmissible.
At Green Card Link, its immigration attorneys carefully review medical documentation and help clients determine whether a waiver or exemption may apply.
Criminal Grounds of Inadmissibility
Certain criminal offenses can make an applicant ineligible for a visa or green card. These include drug trafficking, prostitution, money laundering, human trafficking, and other crimes involving moral turpitude such as robbery or rape. Even two or more convictions resulting in a combined sentence of five years or more can trigger inadmissibility.
An experienced immigration attorney at Green Card Link can assess the nature of your conviction, its impact on your immigration status, and whether you qualify for a waiver or post-conviction relief.
National Security Concerns
If immigration officials have reason to believe an applicant intends to engage in espionage, sabotage, terrorism, or activities contrary to U.S. national interests, the person will be found inadmissible under national security grounds. Membership in totalitarian or terrorist organizations, or involvement in Nazi persecution or genocide, can also result in a permanent ban from the U.S.
Public Charge Determination
A public charge is defined as someone who is primarily dependent on the U.S. government for financial support. Officers assess an applicant’s financial status, employment history, education, age, and health to determine whether they are likely to rely on public assistance.
The immigration attorneys at Green Card Link help clients compile strong financial evidence, affidavits of support, and other documentation to demonstrate self-sufficiency.
Lack of Labor Certification
In most employment-based immigration cases, a Labor Certification from the U.S. Department of Labor is required to prove that hiring a foreign worker will not harm American workers’ wages or job opportunities. Without proper certification, the applicant may be deemed inadmissible unless an exemption applies.
Fraud or Misrepresentation
Attempting to obtain a visa or entry into the U.S. through false statements, fake documents, or misrepresentation of identity constitutes fraud and is a serious ground of inadmissibility. Green Card Link’s immigration attorneys assist clients in preparing honest, comprehensive applications and, if needed, filing waivers to address past misrepresentations.
Prior Removals and Unlawful Presence
Individuals who have been deported, overstayed their visa, or remained in the U.S. unlawfully for more than one year may face bars to reentry. In some cases, those who reentered without inspection or authorization after deportation are permanently inadmissible. Waivers may be available depending on the length of unlawful presence and family relationships in the United States.
Other Grounds of Inadmissibility
Additional grounds include:
- Violating the terms of a student visa
- Entering the U.S. illegally
- Failing to attend immigration or removal hearings
- Practicing polygamy
- Renouncing U.S. citizenship to avoid taxation
- Engaging in unlawful voting
- Involvement in international smuggling or child abduction
Certain exceptions exist—such as for victims of abuse, human trafficking, or minors—where a waiver may not be necessary. The immigration attorneys at Green Card Link can evaluate your circumstances and advise whether Form I-601 or another remedy applies.
Who Can Apply for a Form I-601 Waiver?
The following individuals may be eligible to file Form I-601, Application for Waiver of Grounds of Inadmissibility:
- Applicants for K-1, K-2, K-3, or K-4 nonimmigrant visas
- Adjustment of status applicants within the U.S.
- Applicants outside the U.S. who have attended a consular interview and were found inadmissible
- V visa applicants
- Temporary Protected Status (TPS) applicants
- NACARA (Nicaraguan Adjustment and Central American Relief Act) applicants
- HRIFA (Haitian Refugee Immigration Fairness Act) applicants
- VAWA (Violence Against Women Act) self-petitioners
- T visa holders applying for adjustment of status with unwaived grounds of inadmissibility
At Green Card Link, its immigration attorneys provide comprehensive support—from evaluating eligibility to preparing strong waiver submissions backed by legal arguments, documentation, and hardship evidence.
Get Trusted Legal Support for Your Inadmissibility Waiver
Facing a finding of inadmissibility can be daunting, but you don’t have to go through it alone. The immigration attorneys at Green Card Link combine experience, compassion, and strategic insight to help clients secure the relief they need to enter or remain lawfully in the United States.
Contact Green Card Link today to discuss your situation and begin the waiver process with expert legal guidance.
Who Should File Form I-601A?
Form I-601A, officially known as the Application for Provisional Unlawful Presence Waiver, is specifically intended for immigrant visa applicants who are immediate relatives of U.S. citizens or family members of lawful permanent residents (green card holders). It allows eligible applicants to request a waiver of certain grounds of inadmissibility before they leave the United States for their visa interview at a U.S. Embassy or Consulate abroad.
To qualify, the applicant must be physically present in the United States and at least 17 years old when submitting the form. This process is also suitable for individuals with a pending immigrant visa case at the U.S. Department of State. Before filing, applicants should verify they are using the correct form by checking the form number located in the upper right-hand corner of Form I-601A.
I-601 Waiver Processing Time
According to recent data from USCIS, the average processing time for Form I-601 is approximately 32 months. However, the exact timeline can vary depending on:
- The location where the application was filed
- The complexity of the individual case
- The current workload at the USCIS office handling the application
If USCIS needs more information to make a decision, the applicant may receive a Request for Evidence (RFE), which can extend the processing period. Applicants can monitor the progress of their case using the case number on the I-797 receipt notice.
Step-by-Step Guide to Completing Form I-601A
Section 1: Information About You
Provide your personal details such as your Alien Registration Number, U.S. Social Security Number, and USCIS Online Account Number (if applicable). Include your full name, current mailing and physical addresses, gender, date and place of birth, and your parents’ names. You must also answer questions regarding your immigration and criminal history truthfully.
Section 2: U.S. Entry Information
List all your previous periods of stay in the United States, starting with your most recent entry.
Section 3: Biographic Information
Specify your ethnicity, race, height, weight, eye color, and hair color.
Section 4: Reasons for Inadmissibility
Identify all applicable grounds of inadmissibility. If you have a criminal record, include certified court documents. If your specific grounds do not fit the listed options, select “Other” and explain your circumstances.
Section 5: Information About Your Qualifying Relatives
List the U.S. citizen or lawful permanent resident family member whose relationship makes you eligible to apply. Provide their address, contact information, date of birth, immigration status, and A-Number, if applicable.
If you are a VAWA self-petitioner, check the designated box and proceed to the next relevant section.
Section 6: Other Relatives with Ties to the United States
If other U.S. citizen or lawful permanent resident relatives should be considered in your case, include their details here and explain why your waiver should be approved.
Section 7: Applicant’s Statement, Contact Information, and Signature
Read the “Penalties” section of the form carefully before signing. Indicate whether you completed the form in English yourself or with the help of an interpreter or preparer. Provide your contact information and signature certifying that all information provided is true.
Section 8: Interpreter’s Certification
If an interpreter assisted you, they must provide their name, mailing address, and certification confirming fluency in both English and your native language, along with their signature and date.
Section 9: Preparer’s Certification
If a preparer completed the form on your behalf, they must include their contact information, address, and certify under penalty of perjury that they prepared the application at your request.
Section 10: Additional Information
Use this section to provide any extra details or explanations that could not fit in the previous sections.
Section 11: Statement for Applicants with Class A Tuberculosis
Only complete this section if you have a Class A Tuberculosis condition, as defined by the U.S. Department of Health and Human Services.
Frequently Asked Questions About Form I-601A
How long does it take for an I-601 waiver to be approved?
For cases filed within the United States, average processing times range from 4 to 6 months. For those filed outside the U.S., it can take 6 to 12 months or longer, depending on consular backlogs. The immigration attorneys at Green Card Link can provide updated timelines based on current USCIS processing trends.
Can all grounds of inadmissibility be waived?
No. Certain serious crimes, such as murder, rape, terrorism, or drug trafficking, cannot be waived. To determine your eligibility, consult with an immigration attorney at Green Card Link for a detailed case evaluation. Even with full documentation, waiver approval is not guaranteed and depends on USCIS discretion.
Where do I file Form I-601?
If you are outside the United States, file Form I-601 with the U.S. embassy or consulate handling your visa case. If you are inside the U.S. and applying to adjust your status, submit it directly to USCIS. The immigration attorneys at Green Card Link can guide you to the correct filing address.
What is the filing fee for Form I-601?
The filing fee is $930, payable by money order, personal check, or cashier’s check.
Can I request a fee waiver?
You may qualify for a fee waiver if you are applying under specific humanitarian categories, such as Temporary Protected Status (TPS), VAWA self-petitioners, T or U visa applicants, or battered spouses or children of U.S. citizens or lawful permanent residents.
An immigration attorney at Green Card Link can review your eligibility for a fee waiver and assist with the required documentation.
How can I receive electronic updates about my application?
To receive email or text notifications when USCIS accepts your Form I-601, complete Form G-1145 (E-Notification of Application/Petition Acceptance) and attach it to the first page of your application packet.