(4) POLICY: Waivers of Inadmissibility Granted Contrary to Contract Laws and Contrary to National Security


Summary:

Form I-601 purpose states: “If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.” At the time of adjustment of status, when a sponsored alien applies to remove conditions on their green card, and pursue a 10 year card, the alien has an opportunity to request a waiver, even though the alien would otherwise be deemed inadmissible.

Those grounds of inadmissibility include:

  1. I have a communicable disease of public health significance.
  2. I seek an exemption from the vaccination requirement because vaccinations are against my religious beliefs or moral convictions.
  3. I have or had a physical or mental disorder and behavior (or history of behavior that is likely to recur) associated with the disorder, which has posed or may pose a threat to the property, safety, or welfare of myself or others.
  4. I have been involved in a crime of moral turpitude (other than a purely policies offense).
  5. I have been involved in a controlled substance violation according to the laws and regulations of any state, the United States, or a foreign country related to a single offense of simple possession of 30 grams or less of marijuana.
  6. I have been convicted of two or more offenses (other than purely political offenses), for which the combined sentences to confinement were five years or more.
  7. I am coming to the U.S. to engage in prostitution or, in the past 10 years, I have engaged in prostitution (including receiving the proceeds of, in full or in part), procurement of prostitution, or I continue to engage in prostitution or procurement of prostitution.
  8. In the past 10 years, I have (either directly or indirectly) procured, attempted to procure, or to import prostitutes or persons for the purpose of prostitution.
  9. I came to the United States or I am coming to the United States to engage in any other unlawful commercialized vice whether or not it is related to prostitution.
  10. I have been involved in serious criminal activity and have asserted immunity from prosecution.
  11. I am or I have been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate of the party), domestic or foreign.
  12. I have sought to procure an immigration benefit by fraud or by concealing or misrepresenting a material fact (immigration fraud or misrepresentation).
  13. I have been engaged in alien smuggling.
  14. I am subject to a civil penalty because I was the subject of a final order for violation of the Immigration and Nationality Act (INA) section 274C.
  15. I am subject to the 3-year or 10-year bar to admissibility because I was previously unlawfully present in the United States in excess of either 180 days or one year or more, respectively, and subsequently departed the United States.
  16. I was previously removed from the United States.
  17. I have been ordered removed or I have been unlawfully present in the United States for more than one year, in the aggregate, and I subsequently reentered or attempted to reenter without being admitted.
  18. Other (specify):

Currently, form I-601 allows an immigrant who procured a benefit through fraud, to obtain a waiver of inadmissibility and remain in the United States.

This program, however, is unlawful when a sponsor who signed an I-864 is unlawfully held into the I-864 due to DHS’ decision to grant a “wavier.” There are no provisions within the I-864 contract, which allow DHS to force the sponsor to remain in the contract even when such contract was procured through fraud.

In fact, upon the DHS’ granting of a waiver based upon fraud, DHS has essentially declared the original I-864 null & void from inception, and therefore the original application for an immigration benefit would also be considered null & void, and the immigrant has no status from which to request a waiver on.

DHS, however, is completely oblivious to contract laws, and continues to violate such laws throughout their programs.

The waiver program must not be available to any immigrant who has a Sponsor, or who has harmed a U.S. Citizen or U.S. Resident in any way, as such a waiver results in an unlawful I-864 contract, and non-disclosure of terms, which must be void from inception.

National Security:

Allowing immigrants to obtain waivers for almost every inadmissibility results in an immigration system which is disrespected by criminal aliens and non-functional.

The Waiver program even allows criminal aliens who have harmed the public, and have mental disorders which have already shown to be a risk upon the welfare of the public, to remain in the United States. This waiver program is entirely contrary to National Security interests.

Other Legal Issues:

Form I-601 is being approved by USCIS when the alien has no legal custody of the child and the actual legal custodial parent is being denied any opportunity to argue against the application, use of the child within the proceeding, or speak on behalf of their child in terms of the child’s welfare, legal rights and health.