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I-601 Waivers: Reviewing the Grounds of Inadmissibility
Posted By admin On 4. September 2009 @ 00:42 In I-601 Waivers | No Comments
The adjudicator makes an initial determination that the applicant is inadmissible and identifies all inadmissibility grounds that apply; the adjudicator should not assume that the Consular Officer correctly identified the inadmissibility grounds. If additional inadmissibility grounds are identified, they should be noted in the decision.
If the adjudicator determines that the Consular Officer erred and that the applicant is in fact admissible to the United States, the application should be returned to the DOS and the applicant notified. The database should be updated to reflect that the application has been closed and returned to DOS because the applicant is admissible.
Be aware that the adjudicator may identify additional inadmissibility grounds based on events that are not included in the Form I-601 (for example, there is evidence in the record of a material misrepresentation to gain an immigration benefit, but the consular officer only noted an unlawful presence inadmissibility round and the applicant only addressed that in the Form I-601). In that case, the adjudicator must advise the applicant to submit a revised Form I-601 to address the additional eligibility grounds. The applicant should be given 45 days to submit a revised Form I-601, without fee, directly to the USCIS office that is adjudicating the waiver.
If the applicant is inadmissible under some ground for which no waiver is available, the Form I-601 should be denied, because the applicant is ineligible to apply for a waiver, and consequently no purpose would be served in granting the application.
If you’ve applied for a K-1 fiancee or K-3 spousal visa and were denied, contact an immigration attorney at 626-771-1078 or visit [1] www.myfianceevisa.com for assistance.
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