Waiver of inadmissibility (United States)


Waiver of inadmissibility under the Immigration and Nationality Act is a legal remedy available to every person found to be "removable" from the United States. It is statutorily linked to cancellation of removal, which is another form of relief under the INA that effectively operates parallel to waiver of inadmissibility.
Every American is manifestly and automatically qualified for waiver of inadmissibility. Similarly, every person who has been firmly resettled in the United States as a refugee is statutorily entitled to waiver of inadmissibility. All other people must request this relief by filing Form I-601.

Background

The INA, which was enacted by the U.S. Congress in 1952, states that "he term 'alien' means any person not a citizen or national of the United States." The terms "inadmissible aliens" and "deportable aliens" are synonymous, which mainly refer to the INA violators among the 75 million foreign nationals who are admitted as visitors each year, the 12 million or so illegal aliens, and the INA violators among the 400,000 foreign nationals who possess the temporary protected status.
"Only aliens are subject to removal." A lawful permanent resident can either be an "alien" or a "national of the United States", which requires a case-by-case analysis and depends mainly on the number of continuous years he or she has spent in the United States as a green card holder.
U.S. Presidents and the U.S. Congress have expressly favored some "legal immigrants" because they were admitted to the United States as refugees, i.e., people who escaped from genocides and have absolutely no safe country of permanent residence other than the United States. Removing such protected people from the United States constitutes a grave international crime, especially if they qualify as Americans or have physically and continuously resided in the United States for at least 10 years without committing any offense that triggers removability.
Before the 1996 enactment of the Illegal Immigration Reform and Immigrant Responsibility Act, U.S. President Bill Clinton had issued an important directive in which he expressly stated the following:

Waiver of inadmissibility for people who qualify as refugees or asylum seekers

An alien may be inadmissible to the United States for a variety of reasons, which are all described under paragraphs to of 8 U.S.C. § 1182. In 1980, Congress and the Carter administration enacted the Refugee Act, which approved 50,000 international refugees to be firmly resettled in the United States each year.
Congress had intentionally provided to every refugee a special waiver of inadmissibility under 8 U.S.C. §§ 1157 and 1159, even if the refugee has been convicted of an aggravated felony or a particularly serious crime. An asylum seeker may also obtain a waiver of inadmissibility pursuant to § 1159, but an asylum seeker may be disqualified if he or she has been convicted of a particularly serious crime, unless its "term of imprisonment was completed within the previous 15 years."
Section 1157 provides the following:
In this regard, paragraph expressly provides the following:
The above legal finding "is consistent with one of the most basic interpretive canons, that a statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous, void or insignificant." It clearly demonstrates that Congress intentionally made available a special statutory and mandatory relief exclusively for refugees. If Congress wanted to treat refugees the same as all other aliens, it would have repealed §§ 1157 and 1159 instead of amending them in 1996 and then in 2005. Under the well known Chevron doctrine, "f the intent of Congress is clear, that is the end of the matter, for the court as well as the must give effect to the unambiguously expressed intent of Congress."

Reasons for people to become inadmissible to the United States

Health related grounds

Aliens inadmissible under section 212 of the INA have
There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility:

Unlawful presence (3/10 year bar)

Applicants may download Form I-601 from the USCIS website. Depending on whether an applicant is applying for an immigrant visa or adjustment of status, Form I-601 may be filed at the consular office, USCIS office, or in the immigration court considering the immigrant visa or adjustment of status application. It may also be filed with the BIA. The filing fee for Form I-601 is currently $930.