Waivers of Inadmissibility

Waivers of Inadmissibility

All potential visitors or immigrants to the United States must satisfy immigration authorities that they are admissible. A person may be inadmissible for many different reasons, including previous immigration violations, criminal convictions, or misrepresentation. A waiver of inadmissibility may allow an individual who is otherwise ineligible to enter the United States to seek permission to enter or remain in the country.

For nonimmigrants (e.g., visitors, students, and temporary workers), waivers under INA §212(d)(3) can be granted for nearly all grounds of inadmissibility except security-related issues, allowing temporary admission for purposes such as tourism, business, or study. These waivers are adjudicated by US Customs and Border Protection or by US consulates and are specific to the nonimmigrant classification for which they are granted.

For immigrants, waivers are more limited and typically require a showing of extreme hardship to a qualifying relative who is a US citizen or permanent resident. Each waiver application is highly discretionary and requires a great deal of evidence to prove the hardship to the relative.

For more information or to schedule a consultation to evaluate whether you need a waiver or qualify for one, please contact us.