Immigration Waivers: Overcoming Barriers to Entry and Status

U.S. immigration law contains numerous grounds of inadmissibility and ineligibility, complex provisions that can prevent individuals from entering the United States, obtaining a Green Card, or adjusting their status. These grounds can affect individuals for a variety of reasons, even those with U.S. citizens or lawful permanent resident family members.
 

In certain circumstances, the law provides a mechanism known as a "waiver." A waiver is a discretionary decision by U.S. immigration authorities to overlook a ground of inadmissibility or ineligibility, allowing an individual to proceed with their application for a visa, Green Card, or other immigration benefit.
 

Understanding Grounds of Inadmissibility

U.S. immigration law outlines various grounds of inadmissibility that can prevent a foreign national from legally entering the United States or obtaining a Green Card. These grounds cover a broad range of issues, including but not limited to:
 

• Health-related grounds: Certain communicable diseases, lack of required vaccinations, or physical or mental disorders with associated harmful behavior.

• Criminal history: Convictions for certain crimes, particularly those involving moral turpitude, drug offenses, or multiple criminal convictions.

• Immigration Violations: Prior immigration violations, such as unlawful presence, visa overstay, misrepresentation, or previous deportations.

• Security-Related Grounds: Involvement in terrorist activities, espionage, or other threats to national security.

• Public Charge: The likelihood of becoming primarily dependent on government assistance.

• Misrepresentation: Providing false information or misrepresenting facts to immigration officials.
   

If any factor in an individual's past or present circumstances might trigger a ground of inadmissibility, it is essential to seek legal counsel to determine if a waiver is necessary. Not all grounds of inadmissibility have waivers available, and the eligibility criteria for waivers can be complex and vary depending on the specific ground.

 

Common Types of Immigration Waivers

I-601 Waiver

This waiver addresses a broad range of inadmissibility grounds, including certain criminal convictions, fraud or misrepresentation, unlawful presence, health-related issues. membership in certain organizations (e.g., totalitarian parties) and Smuggling or prior removal orders
 

To qualify, applicants often need to demonstrate that their U.S. citizen or lawful permanent resident spouse, parent, or child would experience extreme hardship if the applicant is denied the immigration benefit.
 

I-601A Waiver

This waiver offers a pathway for certain individuals who are present in the United States and are inadmissible solely due to unlawful presence. It allows certain individuals who are otherwise eligible for an immigrant visa to apply for a waiver before departing the U.S. for their visa interview. 
 

By obtaining this provisional waiver in advance, applicants can minimize the time they are separated from their families during the immigration process. A key requirement is demonstrating extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
 

I-212 Waiver

​

This waiver is for individuals who have been previously removed or deported from the United States. It allows them to seek permission to reapply for admission to the U.S. sooner than they would otherwise be eligible.

The process of applying for any immigration waiver is intricate and requires meticulous preparation. It is crucial to present a compelling case with substantial supporting documentation to demonstrate both eligibility and the equities that warrant a favorable exercise of discretion. Given the complexity and the high stakes involved, individuals facing potential inadmissibility or ineligibility should seek the guidance of an experienced immigration attorney.