Inadmissibility Waiver I601

TSL Visa and Immigration lawyers have a great track record of success with obtaining I-601 Waivers of Inadmissibility for cases where the US visa would have been denied because of previous history or offence.

TSL can obtain I-601 waivers for Thai citizens who are married to a U.S. citizen and, if not for their previous unlawful presence, would be able to enter the country immediately on receiving a marriage visa.

  • US Visa and immigration decisions are subject to a variety of grounds for inadmissibility, (reasons not to allow a foreign national to enter the country). These may include a criminal history, potential health risks, security concerns and previous history of breaking immigration laws (e.g. overstay due to visa expiration).
  • A common example would be where a foreign national has accrued more than one year of unlawful presence in USA and is barred from re-entry for ten years upon leaving the country. The penalty for this kind of offence would be imposed whether or not the alien left the country voluntarily, on voluntary departure, or was deported.
  • Some grounds for inadmissibility can be waived, and an alien can be granted an exception to allow entry to the USA. The ten-year bar is an example of this, and our international immigration lawyers are experienced with earning waivers for our clients.
  • It is not possible to get a waiver for unlawful presence if you have previously incurred the ten-year bar and entered the country again while it was still in effect. In other words, immigrants with multiple illegal entries are unlikely to be eligible.

UPDATE: Provisional Waivers of Inadmissibility:

  • Provisional Waivers of inadmissibility allow those eligible for an I-601 Waiver to apply in the United States prior to an appointment at the U.S. Consulate in the individual’s country of origin with an expedited wait time and appointment. Under the provisional waiver of inadmissibility, an applicant is allowed to remain in the United States pending approval of the Waiver or Pardon.
  • The US President Obama issued an Executive Order in 2012 which directed United States Citizenship and Immigration Services (USCIS) to work with the U.S. State Department and various U.S. Consulates throughout the world to allow the expedition of adjudication of the waiver of inadmissibility prior to departing for the individual’s home country to seek readmission as a lawful permanent resident or Green Card holder.
  • In order to apply for this provisional waiver of inadmissibility, the individual must be eligible for an I-601 Waiver of inadmissibility (see sections below and above) by providing evidence that there would be extreme hardship to a U.S. citizen spouse or parent. However, unlike the regular waiver, which has existed since 2008, the individual is only eligible for a provisional waiver if they have only one unlawful entry (entry without inspection-EWI) and must be a person of good moral character and have no criminal record.
  • The requirement for good moral character is strict and means that even a DUI or Petty Theft conviction, which would not adversely affect an applicant applying for the standard waiver of inadmissibility created in 2008, would prevent the issue of a provisional waiver. The benefits of the provisional waiver are a shorter wait time and the opportunity for an applicant to wait for approval in the United States rather than having to return to their home country to await approval.
  • Part of the justification President Obama had for creating the provisional waiver in 2012 was that, with the increased numbers of waiver applicants created by the standard waiver, wait times in the individual’s home country increased from one week in March of 2008 to about an 8 month in 2012. Therefore, President Obama responded by directing the USCIS Service Center here in the U.S. to adjudicate the waiver while the applicant waited in the U.S. to reduce the risk factor and shorten the time of waiting abroad for approval.
  • The major benefit of the provisional waiver over the waiver created in 2008 is that the applicant gains provisional approval before departing the U.S. and incurring the 10-year bar of re-entry. It is a provisional approval only so the applicant should retain experienced immigration counsel to submit a legal brief and extensive documentation proving “extreme hardship” to the U.S. citizen relative in order to expedite the individual’s return to the USA.

TSL “Inadmissibility Waiver” Services:

TSL offers professional assistance to help you out with the entire process until you obtain your I-601 Waiver of Inadmissibility.

Our proven track record with I-601 Waiver of Inadmissibility is the reason that we are the preferred immigration services choice in Thailand and receive numerous referrals from our former clients.

TSL’s staff will provide you with comprehensive support and guidance to ensure that the visa application process goes smoothly, and may include (but not limited to) the following:

  • Consultation with our Immigration Specialist to provide you with clear and logical legal advice about the application process.
  • Assistance with preparation of application forms and supporting documents required for the specific visa category.
  • Filing of the application package to each of the appropriate agencies.
  • Access to consultation with Lawyers with specific expertise depending on the needs of each case.
  • Communication with the US Embassy on behalf of the applicant.
  • Proper preparation for the appointment and interview at the Embassy.
  • If necessary, assistance with obtaining police clearance report or medical examination.

Recommendations:

  • Please keep copies of all application forms and support documents and take clear notes of specific questions that you are asked and the answers that you give. This will give TSL what it needs to assist you in case your application is rejected.
  • The advice of an immigration consultant to obtain your entry clearance will save you significant time and cost, compared with the cost of a lawyer to help overturn the refusal of a US Visa for a Thai national.
  • Before you start, we recommend that you should speak with one of TSL’s Visa & Immigration Specialists or request further information about US Visa applications.

Recommendations:

  • Please keep copies of all application forms and support documents and take clear notes of specific questions that you are asked and the answers that you give. This will give TSL what it needs to assist you in case your application is rejected.
  • The advice of an immigration consultant to obtain your entry clearance will save you significant time and cost, compared with the cost of a lawyer to help overturn the refusal of a US Visa.
  • Before you start, we recommend that you should speak with one of TSL’s Visa & Immigration Specialists or request further information about US Visa applications.

TSL Thailand Contact Information:

For more information about applying for a Visa or requesting our Legal Services, please visit the TSL Thailand Contact page.

Or you can contact us by phone:

International: +662-251-8134

In Thailand: 087-595-4918 or 02-251-8134

Email: Info@tslthailand.com

How can we help you?

Contact us at the Consulting TSL Office nearest to you or submit a business inquiry online.

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