waivers of grounds of inadmissibility

Immigration Legal Services

Even if you may be inadmissible to the United States, a waiver certain grounds of inadmissibility may apply to you. If your waiver is approved, you may be apply for an immigrant visa through consular processing or adjustment of status in the United States.

i-601A Provisional Unlawful Presence Waiver

Certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens or lawful permanent residents can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. The provisional presence waiver process was expanded to all individuals statutorily eligible to apply for an immigrant visa.

Aliens who are not eligible to adjust their status in the United States must apply for an immigrant visa abroad. Individuals who overstayed must obtain a waiver of inadmissibility to overcome the unlawful presence bars under the Immigration and Nationality Act before they can obtain a green card.

The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa to apply for that waiver in the United States before they depart for their immigrant visa interview. 

This new process was developed to shorten the time that U.S. citizen or lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become green card holders.


Individuals who committed fraud or misrepresentation or a criminal offense which renders them inadmissible may be eligible for the I-601, Application for Waiver of Grounds of Inadmissibility. This process is very complex and requires guidance of an experienced immigration attorney. If USCIS determined that you need to submit the form I-601, please contact the Law Offices of Meri S. Ponist, P.C. to discuss your case.