Transcript of the above video:

As the title of this video suggests, we are discussing family based Immigration so Fiancé Visas and Marriage Visas, the K-1, the K-3, the CR-1 and the IR-1 Visa which are either Immigrant Spouse Visas or Non-Immigrant Marriage Visa or Non-immigrant Fiancée Visa. What happens when one of those types of visas is denied based on a legal ground of inadmissibility?

What is a legal ground of inadmissibility? Well there are legal grounds of an admissibility set forth in the Immigration and Nationality Act of the United States, they set forth certain activities whether convicted of a crime or not. Just participation in some activities is enough to be considered inadmissible to the United States. For example, prostitution, crimes involving moral turpitude, prior overstay, certain types of convictions in foreign jurisdictions for any of the crimes aforementioned, as well as certain types of drug crimes including for Cannabis by the way, as the law currently sits. Any of these matters, if one is deemed inadmissible at an immigrant Visa or a K-1 Visa interview or K-3 Visa interview for that matter, if one is deemed inadmissible, one's visa application will be denied. So what is then the remedy to deal with a legal ground of inadmissibility? And that remedy is the I-601 waiver. So it is possible to get the denial waived, the denial based on a finding of inadmissibility, it may be possible to get that finding waived and thereby ultimately get the visa issued. 

Now this is a rather more cumbersome process than just standard US Immigration. For those who believe that they may be the subject of inadmissibility, it is a very good idea to contact a legal professional, gain some insight and guidance into how best to proceed. But understand, the overall process of dealing with an I-601 waiver is more time consuming than dealing with just the general process of obtaining a Visa to the United States. I have done a number of waivers over the course of my career, I have assisted a number of clients with a Waiver and Waivers are tough. Waivers, the packages are like this thick; they are like a phone book associated with a Waiver of inadmissibility to the United States, and in many of those cases the legal arguments are quite discreet and oftentimes quite complex in order to overcome the prior denial.

So again those who are looking at, if they believe a ground of inadmissibility exists in their case or they have already been denied and are looking for a remedy to that denial, it may be a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.