Even if you are inadmissible because you used fake papers to enter the U.S., you can apply for a waiver of that inadmissibility ground. In fact, many grounds of inadmissibility can be waived for a TPS applicant. Inadmissibility grounds relating to criminal convictions, national security and Nazi persecution are not waivable.

To be granted a waiver, a TPS applicant must show that the inadmissibility ground should be waived “for humanitarian purposes, to assure family unity or where it is otherwise in the public interest.” Even though the waiver application is Form I-601, there is no requirement that the TPS applicant show extreme hardship to a family member. However, if the waiver is granted, it is only good for the TPS application.

If you need assistance preparing and filing a TPS waiver application – or any type of waiver application, please contact our office to schedule a consultation.