To be restricted from enjoying immigration benefits on grounds of inadmissibility can often feel like you’ve reached the end of the road. But luckily, it doesn’t have to be so. In fact, many people face inadmissibility every year and somehow find a way to overcome it, especially in Miami. This frequent resolution is because the city of Miami allows immigrants to access several waivers for grounds of inadmissibility. This post explores the various grounds for inadmissibility and possible waivers to counter them in Miami.
Understanding the Grounds of Inadmissibility
Certain words often carry significant implications when applied to immigration, and inadmissibility is one of them. This term means “unacceptable,” which refers to the denial of your or any applicant’s entry into the United States. It also means you are not allowed to enter or obtain permission to stay in the U.S. The denial may result from an event in your past that doesn’t sit well with the U.S. government. Other times, it can be more of a technicality than something you personally did. Regardless of the circumstances, in layperson’s terms, it means that the person is barred from entering the U.S.
This situation often occurs when immigrants pop up on the radar of the intelligence agencies, thereby triggering the attention of the USCIS. The triggers are usually detected during checks, especially when immigrants carry out activities like;
- Apply for an immigration benefit
- Encounter with customs and border protection
- Routine immigration and customs enforcement
Note that inadmissibility can also apply to people already living in the United States. In such cases, it immediately prevents them from enjoying all immigration benefits and, in some cases, subjects them to removal proceedings. Essentially, the consequences of inadmissibility for such individuals may depend on their status and immigration goals:
| S. No | Individual Status | Immigration Goal | Consequences |
| 1 | Temporary Immigrants | Green Cards | Denied Access |
| 2 | LPR’s | Naturalization | May not be allowed |
In some cases, inadmissibility may even result in an outright cancellation of a visa.
Common Reasons Why Immigrants are Deemed Inadmissible
Immigrants do not automatically incur inadmissibility without taking action to trigger it, at least not in most cases. This situation is often prompted by something the immigrant must have done or failed to do. In Miami, the most denied immigration pathway due to admissibility is the asylum visa. It accounted for 63% of all dismissals in the 2023-2024 fiscal year, while the other visa routes make up the remaining 37%, according to statistics.
The common grounds for inadmissibility among Miami immigrants include:
- Health: This is a serious issue in Miami, particularly given the U.S. government’s prioritization of public health. It means applicants must meet specific health criteria as required by the Miami government. Immigrants are being added to the Inadmissibility list if they fail to maintain proper health.
- Security: The United States’ security system typically conducts thorough background and motive checks on immigrants. Immigrants are immediately placed on the inadmissibility list if they are found likely to compromise the safety of the country and U.S. citizens. But generally, officials will assess the risk factor of everyone before giving a final verdict.
- Misinterpretation: This is the second most common ground for inadmissibility in Miami. It refers to individuals who have attempted to enter the United States or secure a change of status using false information. Misinterpretation, also known as immigration fraud, can result in inadmissibility, regardless of who is responsible.
- Unlawful Presence: It is a known fact that the USCIS doesn’t take lightly to unlawful immigration and illegal occupancy. As a result, individuals living in the United States without certification or with an expired visa risk becoming inadmissible. This situation essentially limits their ability to process immigration in the future.
- Public Charge: Individuals who fall below the financial requirements of being an immigrant may also become inadmissible. This restriction exists because these individuals may become a burden to the public if they rely on public benefits for survival. Such individuals are labeled ‘public charge‘ and are usually not qualified for admission into the country.
- · Criminal Activities: Immigrants with a poor criminal record are often at risk of being declared Inadmissible. They’ll also be denied entry into the country if they are applying from a foreign state.
Other common grounds for inadmissibility can range from foreign policy grounds for revoking citizenship to other factors that affect immigration or adjustment of status.
Types of Waivers Available in Miami
Waivers grant exceptions to rules, and that is what a waiver of inadmissibility offers restricted individuals. In this case, it allows you to overcome specific grounds of inadmissibility, despite your shortcomings. For example, a person previously denied entry into the United States due to a misinterpretation of the grounds may be granted forgiveness if they can prove they deserve a second chance. But then, different grounds of inadmissibility may require different waivers, and here are some waivers of inadmissibility petitions available in Miami.
- I-601 Waiver
This waiver is for immigrants facing legal barriers to entry or to adjustment of status in the United States. This option is specific to people previously found inadmissible on grounds of immigration violations or misinterpretation. To qualify for this waiver, applicants must prove that denying their admission would likely cause extreme hardship to a U.S. citizen or LPR family member.
Applicants previously found guilty and dismissed for unlawful presence can also qualify for this waiver, but via the I-601A waiver option. It is basically an immigration waiver for an illegal presence. With this option, applicants can apply for the waiver while still residing in the United States, rather than leaving the United States and restarting the consular processing.
- I-212 Waiver
The Application for Permission to Reapply for Admission into the United States After Deportation or Removal is one of the most popular in Miami. It is for individuals who were previously deported or removed and want to return lawfully. The option often becomes necessary when you are banned from re-entry for a previous immigration offence. This waiver allows you to enter the United States before your ban expires. The only problem is that approval for such waivers is not guaranteed. To improve your chances, you’ll need to provide strong reasons for your initial violation. Evidence of rehabilitation or imminent hardship to loved ones can often go a long way in this regard.
Humanitarian or Public Interest Waiver
Much like humanitarian visas, the public interest waiver allows Inadmissible persons to enter the United States because of potential threats to their lives. If an inadmissible person proves that they need urgent medical help or rescue from a dangerous situation, then they qualify for waiver consideration under this category.
Medical Waiver
This waiver is available to individuals previously deemed inadmissible due to certain health-related conditions. Ideally, immigration is denied for people with communicable diseases or incomplete vaccination because they are a risk to public health. However, if such individuals can demonstrate that they and their condition do not pose a risk to public health, they may be allowed entry through this waiver. Additionally, in cases of vaccination, such individuals may be granted a waiver if they agree to receive the required vaccination or treatment.
How to Apply for an Immigration Waiver in Miami
Waivers offer an instant lifeline to individuals who have been barred previously from entry on various grounds of inadmissibility. However, the process of acquiring these waivers may depend on the grounds you’re trying to overcome. But then, here’s the basic general blueprint to follow if you want to secure a waiver in Miami.
- Determine Your Inadmissibility Ground: Well, since waivers typically depend on Inadmissibility types, your initial approach should be identifying what inadmissibility you’re facing. Reasons for inadmissibility are often clearly stated in the letter of restriction, making them much easier to determine.
- Figure out your Waiver Type: If you know why you are inadmissible, then determining which waiver works best for you shouldn’t be a problem. But note that applying a waiver option for the wrong inadmissibility of ground can nullify the entire process. For example, if you submit an I-212 visa, it will not be accepted for a waiver by the authority due to medical-related inadmissibility.
- Collect Documents: The document gathering process is a crucial step because it determines whether your application will be accepted or denied. This step is where you get to present evidence that your entry into the United States is for a serious humanitarian reason or prevents extreme hardship to a U.S. relative. Financial proof and medical records can significantly enhance the acceptability of your waiver application.
Why You Need an I-601 Waiver Attorney
A waiver basically trumps your previous inadmissibility, making you eligible to enter the United States, and that’s its primary benefit. However, securing these waivers can be challenging because it requires substantial documentation. Well, this is where a lawyer comes in. If you find that you’re facing legal barriers to entry or adjustment on grounds of inadmissibility, then what you need is an I-601 immigration lawyer. These lawyers are legal experts who can help you build a strong case and organize necessary documents in a way that your application becomes undeniable.
If you’re in Miami, you’ll want an I-601 waiver attorney who understands USCIS laws and is well-versed in local immigration trends. But you also want a quality one that has what it takes to improve your waiver chances, and the Coleman Law Group is your best option.
At the Coleman Law Group, we’re very familiar with the waivers for grounds of inadmissibility and have experience petitioning them. Our lawyers are also experts at evidence gathering and will go the extra distance to prove that you’re deserving of a waiver for consideration on the grounds of inadmissibility. But more than that, our services at Coleman Law Group are client-centered. We also offer flexible Payment plans tailored to your specific needs. Contact us today to increase your chances of a successful waiver appeal.
Frequently Asked Questions About Inadmissibility Waivers
- How long does it take to process a waiver application?
Processing time may vary depending on the type of waiver. However, on average, you can expect a response within 6 to 18 months of submitting your application.
2. Are the I-601 and I-601A waivers the same?
No. The I-601A is an immigration waiver for unlawful presence, while the I-601 covers broader grounds for inadmissibility.
3. Do I really need a waiver of an inadmissibility attorney near me?
It’s not compulsory. However, partnering with an immigration lawyer near you can significantly ease the process and even increase your chances of approval.
4. Can I stay in the U.S. while waiting for my waiver decision?
Some waivers, particularly the I-601A, permit petitioners to remain in the United States while their case is being reviewed, whereas others do not. However, it can also depend on individual cases and specific immigration statuses.
Legal Disclaimer
This blog is for informational purposes only and does not constitute legal advice.
