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How to Apply for a Waiver Application
Many foreign nationals can be extremely frustrated when they discover that they are inadmissible to the United States. There are a wide range of reasons for inadmissibility to the United States. In many circumstances, individuals can be completely surprised by the reasons for inadmissibility and can result in not knowing what to do in order to overcome the inadmissibility. It is important to note that a foreign national must overcome their inadmissibility issues prior to travelling to the United States. Therefore, in this article, I will address the different reasons for inadmissibility to the United States and ultimately how to apply for a U.S. Waiver.
Reasons for Inadmissibility to the United States
There are a variety of reasons to be deemed inadmissible to the United States. The reasons can range from not having your passport on you to having a criminal record. Regardless of the reason, if the Immigration officer determines that you are inadmissible to the United States, you will not be allowed entry. To better understand the reasons for inadmissibility to the United States, I have listed the reasons below with detailed explanations.
Not Having Passport on You
When travelling to the United States, as well as anywhere else in the world, it is extremely important to present your passport to any Immigration officer. Your passport will show the Immigration officer your identity, including your first and last name, date of birth, citizenship, and much more. Additionally, your passport should be valid and not expired while travelling as this may cause delays and complications for your travels. Therefore, if you are travelling to the United States either by car or by plane, you should carry your valid passport to avoid being inadmissible.
This is one of the most common reasons for inadmissibility to the United States. Immigration officers in the United States are extremely strict with whom they allow to enter the country. This is especially the case if the foreign national has a criminal record and may cause a threat or a risk to American society. It is important to recognize that even if the foreign national has had a criminal conviction or offence from forty years ago, they may still be denied entry into America due to the criminal record. When arriving in the United States with a criminal record, the Immigration officer can give you two options. They can either detain you or they can give you a notice of refusal of entry into America.
It is essential to have sufficient funds when travelling to any country. In the United States, Immigration officers will assess whether the foreign national has sufficient funds in order to travel to the United States and sustain their visit. If the Immigration officer determines that they do not have sufficient funds to do so, they can deem the individual as financially inadmissible to the United States. In order to adequately prove that a foreign national does have sufficient funds for their travels to the United States, they can provide bank statements or investment statements to show their funds.
Previous Immigration Violation
An Immigration officer in the United States can deny the entry of any foreign national that has previously violated an immigration law. For instance, if a foreign national previously entered the United States and overstayed their authorized travels, they have violated U.S. immigration law and as such they would be denied entry into the United States. Another common circumstance is when a foreign national is authorized to visit the United States and they begin to work without a valid work permit. In these circumstances, they would also be violating U.S. immigration law and thus will be denied entry into the United States. Conclusively, it is important to always understand the conditions of a visa or permit that is issued to you and especially look for the expiry date. The foreign national must leave the United States prior to their authorized visa or permit expiring.
When a foreign national is travelling to the United States, it is important to be healthy. There are some health circumstances that can lead to inadmissibility to the United States. For instance, if the foreign national has a disease, sickness, illness or infection that can be potentially contagious or not contained effectively, the Immigration officer has the means to deem the individual as medically inadmissible. The Immigration officer must consider the safety for all Americans and must deny the entry of any foreign national that can impose a threat of spreading disease.
How to Apply for a U.S. Waiver
In order to overcome inadmissibility to the United States, the best solution would be applying for a U.S. Waiver. It is important to note that the U.S. waiver can only be issued only if the foreign national intends on:
If you fall under any of the above mentioned factors, then you can proceed to apply for a U.S. waiver. By applying for the U.S. waiver, the foreign national must completely fill the Waiver for Inadmissibility Form. Keep in mind, there must not be any blanks left on the application as Immigration is very strict with this. Additionally, if something does not apply to you, it is best to put “Not Applicable” then leaving it blank. Additionally, you must ensure that all of the information you provide on the form is accurate and up to date.
- Seeking an Immigration Visa for the United States
- Aiming to adjust their status in the United States
- Obtaining certain non-immigrant status in the United States
- Seeking other certain immigration benefits
Contact Akrami & Associates
It is essential that you have taken all of the aforementioned factors and information into consideration, if you intend on applying for U.S. Waiver to the United States. If you want to apply for a U.S. Waiver, it is extremely important to note that these are difficult applications to pursue on your own. It is highly recommended that you seek out professional and experienced help prior to submitting the application. Here, at Akrami & Associates, we work and have experience with many different immigration matters. We have helped many of our clients obtain U.S. Waivers to successfully obtain entry into the United States with inadmissibility. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!
Can I travel to United States with an Offense on Record?
Do you have a Business or Leisure trip planned to the United States but have an inadmissibility issue? The immigration officer at the border can deny you entry for your inadmissibility, to overcome your inadmissibility you may eligible to apply for a US Waiver. There are many reasons you can be Denied Entry to the United States some of these include criminal inadmissibility, not having your passport on you, previous immigration violation, not having sufficient funds, admitting to illegal drug use, immigration fraud, arrest warrant, working without a work permit, having no intension to leave and many other reasons.
Reason you can be Denied Entry to United States
One of the most common reasons travellers are denied entry to the United States is for having criminal admissibility. If you had a conviction that dates back 40 years and more you can be denied entry for the offence on record. When arriving at the border the officer can either detain to you or give you a notice of refusal entry.
Not having Passport on You:
When travelling to the United States you need to carry a valid passport that is not expired and will not expire before your expected date of departure from the United States. Therefore you must have your passport with you when driving or flying to the US.
Previous Immigration Violation
You can be denied entry for previously having violated the US immigration law such as overstaying your welcome stay as a visitor or working without a Work Permit. Therefore, you must keep in mind to exit the country before your visa expires and having a work permit if you decide to work. Not following the US immigration law can lead to severe consequences on your future trips to USA.
Not having Sufficient Funds
Depending on your length of stay in the US you have to show sufficient funds to prove you are able to support yourself during your time of stay. To demonstrate you are able to support yourself during your time of stay you can provide bank statements.
Admitted Drug Use
If you admitted publicly that you have illegally used drugs you can be denied entry even if you don’t have a criminal record. So be careful what you say publicly as someone may have recorded you and could possibly end up on your record.
Travellers have been denied entry to US under fraudulent grounds such as using a friend or family member’s passport or forging documents to receive a waiver. Do not attempt to cross the border by fraudulent means as this can deny you entry and can ban you from the country for several years.
If you have an arrest warrant you are considered inadmissible to US and can be refused at the border. The US immigration officer at the border informs RCMP that you attempted to cross border they will either arrest on the spot or are simply denied entry.
Working without Work Permit
If an immigration officer at the border believes you plan on working in the country they can deny you entry. Therefore, if you have plan on working in the US have a valid work permit, if you are not planning to work ensure you have sufficient supporting documents to prove your intensions are not to work in the US.
Having no Intention to leave the Country
If the immigration officer believes you have no intensions to leave the country you can be denied entry. To prove to the immigration officer you will exit the country by the end of your authorized stay is by providing supporting documents that proofs ties to your home country.
Inadmissibility on Health Grounds
An individual may be deemed inadmissible to enter Canada on health if he or she is considered to be health threat as determined by an approved panel of physicians. This means, the individual has health related issues towards a disease, sickness, illness, or infection which cannot be contained effectively, can spread to other individuals in large amounts, can spread to other individuals fairly quickly with no or little effort, once begun to spread; it will be difficult to contain; and as a result the presence of the individual could result in a case of national threat where he or she may expose the disease, sickness, illness, or infection to others.
Who can apply for a Waiver Application?
If you are considered inadmissible in to the United States, you will need to apply for waiver of inadmissibility. A waiver of inadmissibility can only be issued if you are seeking the following travel documents or have the intents of doing so:
- If you are seeking an immigration visa in to the United States
- If you are aiming for an adjustment of your status
- If you want certain non-immigrant statuses
- Or if you are seeking other certain immigration benefits
Waiver Form I-601
If any of the above mentioned bullet points apply to your situation, then you must fill out the applicable Waiver for Inadmissibility Form. The form is available online on the United States Citizenship and Immigration Services Website and can be downloaded as a PDF file. To identify the correct form for the waiver, searching using the identity Form I-601. Refer to the instruction on the website. The form has a total of 13 pages, all 13 pages must be fully completed with complete accuracy. Ensure all the information you put in to the form is correct and up to date, as incorrect and out dated information could result in your waiver application being rejected and could also potentially hinder the possibility of success in your future applications to the United States Citizenship and Immigration services. So ensure you have the latest updated form, submitting it to the correct address and signing were indicated on the form, paying the government fee. If you don’t sign the form it will be returned to you as incomplete which can delay things for you. The fee required for the waiver on inadmissibility grounds is $585. It is payable in American currency or funds.
Documents required to complete a Waiver Form
I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-601 (PDF, 576 KB)
• Instructions for Form I-601 (PDF, 388 KB)
• Flowchart: Filing Certain Waivers of Inadmissibility (PDF, 579 KB)
• Form G-1145, E-Notification of Application/Petition Acceptance (PDF, 240 KB)
Waiver Application Special Instructions
If you are filing this waiver application form from a United States Citizenship and Immigration Services Lockbox Facility, then please make sure to read the important Lockbox Filling Tips online on the Citizenship and Immigration Services Website beforehand.
If you wish to be notified whether through email or a text message that your application has been accepted at a USCIC Lockbox Facility, then complete the required forms and attach them to the first page of your application.
To make sure your application is accepted, ensure the following steps:
- Pay the correct and complete fee
- Properly sign your form
- Complete the entire form accurately and with up to date information, icludig your last name, your current address, and true date of birth.
Contact Akrami & Associates
For a successful waiver application to the United States Citizenship and Immigration Services, you will have to provide an abundant and sufficient amount of paperwork and documentation that will convince the immigration officer that you will obey the law while you are in the US that your reason for entry is valid, that you will respect the terms of your stay in the US, and that you will leave the US once your authorised period of stay is over. Remember, you are required to sign al your documents appropriately and legitimately when you hand them in. otherwise, Citizenship and Immigration Services will not consider these applications, and will return them back to you to fill them in properly. This will delay your application process. Contact us at Akrami and Associated today to book a consultation and determine what next steps you should take.
With Akrami & Associates there is always a way!!