Cases in Which Waivers are Not Available for Immigration Denials

Certain individuals cannot obtain an I-601 waiver due to facts in their immigration history which preclude a waiver from applying to their cases. An individual is not eligible for a waiver under the following circumstances:

1.The individual is subject to the permanent bar due to:

    a. Unlawful presence in the United States for more than one year after April 1, 1997 followed by a   departure from the United States and a return to the United States without inspection; or

    b. Removal from the United States after April 1, 1997 and a return to the United States without inspection.

2. The individual has falsely claimed to be a United States citizen unless a limited exception applies. This very narrow exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 applies, in the case of an alien making such a representation, if:

• Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
• The alien permanently resided in the United States prior to attaining the age of 16; and
• The alien reasonably believed at the time of making such representation that he was a citizen;

3. The individual has been a member of a criminal gang.

4. The individual has a controlled substance conviction or a guilty plea, even if subsequently dismissed due to completion of an ARD, etc., for any substance other than simple possession of less than 30 grams of marijuana for personal use;

5. The individual failed to attend a removal hearing in the United States and has not been outside the United States for five years;

6. The individual has a previous finding of marriage fraud in a prior immigration application; or

7. The individual previously filed for asylum and the application was found to be a frivolous asylum application.

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Apsan Law Offices, LLC. practices in the areas of Immigration, Corporate Immigration, Family Immigration, Naturalization, bankruptcy, chapter 7 bankruptcy, chapter 13 bankruptcy, uncontested divorces, property settlement agreements and accidents throughout New York and New Jersey in communities including Essex County, Union County, Passaic County, Hudson County, Morris County, Bergen County and Somerset County, as well as the cities of Union, Linden, Rahway, Irvington, Hillside, Bloomfield, Harrison, Orange, East Orange, West Orange, Camden, Clifton, Edison, Jersey City, Passaic, Trenton, Union City, Newark, Ironbound, Kearny, South River, Jersey City, Paterson, Passaic, Elizabeth, Edison, Woodbridge, Toms River, Hamilton, Trenton, Camden, Clifton, Passaic, Garfield, Wallington, Cherry Hill, East Orange, Union City, Bayonne, Irvington, Old Bridge, Lakewood, Long Branch, North Bergen, Vineland, Wayne, Parsippany, Troy Hills, New Brunswick, Plainfield, Bloomfield, Perth, Amboy, East Brunswick, North Brunswick, West New York, West Orange Hackensack, Atlantic City, Mount Laurel, Montclair, Hoboken, and Belleville. We also serve individuals and businesses located in New York's Queens, Bronx, Manhattan, Brooklyn, Staten Island, Westchester, Rockland, Nassau and Suffolk Counties on Long Island including the towns of Hempstead, North Hempstead, Oyster Bay, Huntington, Islip, Babylon, Smithtown, Brookhaven, Riverhead and the North Fork and South Fork (Hamptons) of Long Island. We assist people and businesses to file for relief under the Bankruptcy Code. We are a debt relief agency.



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