Waiver

If you are inadmissible to be in the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or other immigration benefits, you must file a waiver of certain grounds of inadmissibility. Some of the waivers that you may file depending on your situation are:

I-212 – Application for Permission to Reapply for Admission into the United States After Deportation or Removal:

Aliens found inadmissible to the United States based on sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) must file USCIS Form I-212 Application for Permission to Reapply for Admission After Deportation or Removal. Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed.

An I-601 hardship waiver, also known as an “extreme hardship waiver” is a used to remove certain immigration obstacles that could prevent an undocumented alien from obtaining a visa, green card, or even being able to visit the country in a lawful manner. These waivers include:

• Criminal Conviction Waiver
• Misrepresentation or Fraud Waiver
• Unlawful Presence Waiver

Aliens who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these aliens cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.