Deportation Defense I-602 Asylee/Refuge Waiver of Inadmissibility Under INA 209(c)

 

 

The Form I-602 Asylee/Refugee Waiver allows an asylee or refugee who is “inadmissible” to the United States to file a waiver of the grounds of inadmissibility. 

 

 

An I-602 waiver is generally required in two scenarios: (i) if you are a refugee living abroad but your entry to the United States is blocked because of an inadmissible ground; and (ii) you are already in the United States as a refugee or asylee and you are seeking to apply for a green card (Form I-485, Application to Register Permanent Residence or Adjust Status), but you are inadmissible. 

 

 

In order for your waiver to be granted, you must show strong humanitarian, family unity or public interest grounds (reasons) for why you are deserving of waiver.

 

 

Common Examples of Why You May Be “Inadmissible”

 

 

The most common examples of when an individual needs an I-602 waiver are for past crimes, or past immigration law violations such as fraud or misrepresentation which render them inadmissible to the United States. However, the waiver is also available for health-related grounds, security and related grounds, evasion of the U.S. military draft, unlawful presence in the United States, previous deportation, illegal voting in the United States elections, or for persons intending to practice polygamy in the United States. 

 

 

What are some examples to show Humanitarian Grounds when applying for an I-602 Waiver?

 

 

• You, or a family member, have been threatened, harmed or targeted in your home country;
• You fear that you, or a family member, may be threatened, harmed or targeted if you return to your home country;
• You have a serious medical condition which requires treatment in the U.S. or prevents you from traveling to your home country;
• You are vulnerable because of your age, disability, or living circumstances and require the care of family members in the United States; or
• A family member in the United States is seriously ill, or vulnerable because of their age and they require your care.

 

 

What are some examples to show Family Unity Grounds when applying for an I-602 Waiver?

 

 

• You have close family members in the United States who have lawful status such as a green card or U.S. citizenship;
• You are a close-knit family that is dependent on each other for emotional, physical and financial reasons; or
• You either do not have any family members, or very few family members, left in your home country. 

 

 

What are some examples to show Public Interest Grounds when applying for an I-602 Waiver?

 

 

• There is a public interest to not send refugees/asylees to their home country where they have been harmed or threatened, or fear future harm;
• There is a public interest to not separate families;
• There is a public interest to not return long-time residents of the United States to their home country; or
• There is a public interest to keep individuals in the U.S. who perform work of national importance or contribute to their community by offering employment or performing charitable services.

 

 

Can I appeal an I-602 Waiver Denial?

 

The short answer is no. However, if your I-602 waiver is denied, typically, the Department of Homeland Security (DHS) will issue a Notice to Appear (NTA) and refer your case to immigration court for removal proceedings. Once in removal proceedings, you can renew/refile your I-602 waiver before an immigration judge. 

 

 

Is the approval of an I-602 Waiver Discretionary?

 

 

Yes, the I-602 waiver is a discretionary application. This means that you must prove to that you are a person that is deserving of a grant. Even if you satisfy all of the above-mentioned requirements, your application can still be denied as a matter of discretion. Basically, USCIS, or Immigration Judge, will conduct a balancing test by weighing all of the positive and negative factors present in your case. Therefore, it is important to not only satisfy the eligibility requirements, but to also highlight all of the positive aspects of your life while explaining your past inadmissible conduct and how you have rehabilitated.

 

 

At Boyadzhyan Law, we specialize in I-602 Waivers and know exactly what USCIS, as well as the Immigration Judge, want to see in order to approve your application. We prepare detailed declarations that address the past inadmissible conduct, how you have rehabilitated and why you are deserving of a grant. More importantly, we fully analyze each reason for seeking a waiver (i.e., humanitarian, family unity and public interest) in the declaration and request documents in support of your application that is tailored specifically to your unique case. 

 

 

If your waiver application was denied, there is still hope. Attorney Gary Boyadzhyan has successfully handled denied I-602 waivers (for individuals who attempted to file the application on their own or used the services of an inexperienced or incompetent attorney). We will conduct an in-depth review of your case to address all the issues raised in the denial and formulate a successfully strategy to refile your application.

 

 

If you need to file an I-602 waiver, or you received a denial and need to refile your waiver, contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com