We have been made aware, by the American Immigration Lawyer Association, that a number of I-601A provisional waiver denials, frequently without prior notice that follow two clear patterns:
- Where the waiver applicant has a criminal record of arrest or conviction, USCIS is denying the I-601A on the grounds that there is “reason to believe” that the applicant may be inadmissible on grounds other than unlawful presence. Denials are being issued notwithstanding evidence submitted to establish that either the arrest did not result in a criminal conviction or that the incident was not conduct that would render the alien inadmissible, or that the crime for which the alien was convicted was not an inadmissible offense.
- Where immigration records reveal that the waiver applicant had provided a false name, date of birth, or other information at the time of an apprehension for entry without inspection, USCIS is denying the I-601A on the grounds that there is “reason to believe” that the alien knowingly and willfully provided false or materially misleading information while applying for an immigration benefit or while trying to gain admission to the U.S. Denials are being issued even though the allegedly false or misleading information was not material, or was not given in connection with a benefit application or application for admission.
Waivers are very complicated areas of immigration law. Please make sure that you seek experienced legal counsel when you apply for a waiver. Your family is to important to leave this to chance.