Provisional Waiver Eligibility Explained

Summary

A provisional waiver, or I-601A, allows certain relatives of U.S. Citizens or permanent residents to apply for a waiver of unlawful presence while in the U.S. Grounds of inadmissibility include communicable diseases, criminal records, security concerns, public charge, labor certification issues, and illegal entry. Criminal records considered include crimes involving moral turpitude, controlled substance violations, multiple offenses with long sentences, prostitution, and serious criminal activity with immunity claims. An order of release on recognizance (ROR) does not clear charges and may still count as grounds of inadmissibility.

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how do they fall under grounds of inadmissibility
An individual might be considered inadmissible under U.S. immigration law for reasons such as:
- Having a communicable disease of public health significance
- Having a criminal record
- Security and related grounds
- Public charge (likelihood of becoming reliant on U.S. government for subsistence)
- Labor certification and qualifications for certain immigrants
- Illegal entrants and immigration violators.
what kind of criminal records
The U.S. immigration law considers the following types of criminal records for grounds of inadmissibility:
- Crimes involving moral turpitude (CIMT)
- Violation of controlled substance laws
- Convictions for two or more offenses with aggregate sentences to confinement of 5 years or more
- Prostitution and commercialized vice
- Serious criminal activity but asserted immunity from prosecution.
what if they have an order of release on recognizance
An order of release on recognizance (ROR) typically means a judge has released a person based on their promise to appear in court. However, it does not necessarily clear them of charges. Therefore, if a person with an ROR has a criminal record, it may still count as grounds of inadmissibility.