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What Are The Chances That My I-601 Waiver Will Be Granted?: What You Should Know

There are many ways in which U.S. Immigration officers reject a waiver application.  One of the most common issues is that the application is flawed and fails to provide sufficient evidence of unlawful presence (i.e., a lack of lawful presence) outside the U.S. Additionally, if a waiver of grounds of inadmissibility would allow you to remain in the U.S., then you must establish that you have not violated legal provisions of U.S. immigration law at the time outside the U.S. Another issue may be if the waiver application fails to provide sufficient evidence supporting an exemption to grounds of inadmissibility. An exemption to grounds of inadmissibility may be based on an exemption to a nonimmigrant visa category, such as (NIV), (N-IV), or (N), or on a humanitarian or compassionate person exemption. Note: When completing the I-601 Application for Waiver of Grounds of Inadmissibility ‒ here are some examples of issues which can result in a conditional waiver of grounds (see below). A conditional waiver can occur if you show that you have the intent or ability to return to the U.S. if given a valid waiver. For example, if you are an H1-B employee with the intent or the ability to return to the U.S. under the status of a nonimmigrant, a conditional waiver for I-601 could be obtained. Examples of Conditional Waivers for I-601 or I-601A : Conditional Waivers for N- IV, N- VI, H-6, H-1B, E-3, H-1N1, G-1, G-1A, D-3 A nonimmigrant visa category or a nonimmigrant visa category for which a nonimmigrant visa is approved as described below. Conditional Waivers for N- I, N- IV, H-10, H-5, H-6, D-2, D-7, W-2, W-3, W-2T, S-1, S-1A, S-1T, S-1-A, S-1-T, NNI A nonimmigrant visa category or a nonimmigrant visa category for which a nonimmigrant visa is not approved and would have been approved were you an eligible nonimmigrant who were an actual nonimmigrant, and you were inadmissible.

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