Inadmissibility Waiver

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file a form to seek a waiver of certain grounds of inadmissibility.

WHO MAY FILE?

  1. An immigrant visa applicant;
  2. Any applicant for adjustment of status;
  3. A K-1 or K-2 nonimmigrant visa applicant;
  4. A K-3, K-4, or V nonimmigrant visa applicant;
  5. A Temporary Protected Status (TPS) applicant;
  6. A Nicaraguan Adjustment and Central American Relief Act (NACARA) applicant;
  7. A Haitian Refugee Immigrant Fairness Act (HRIFA) applicant;
  8. A Violence Against Women Act (VAWA) self-petitioner who is inadmissible to the United States pursuant to the Immigration Nationality Act (INA) section 212 and who seeks a waiver of the following grounds of inadmissibility:
  • Health-related grounds
  • Certain criminal grounds
  • Immigrant Membership in Totalitarian Party
  • Immigration fraud or misrepresentation except that a waiver under INA section 212(i) is not available, if you are inadmissible based on a false claim to be a U.S. citizen and if you made your false claim on or after September 30, 1996;
  • Smugglers and Being Subject of Civil Penalty
  • The Three-year or Ten-year bar;
  • Certain ground of inadmissibility, if filed by an applicant for TPS;
  • INA section 212(a)(9)(A)(Aliens Previously Removed) and (9)(C)(Unlawfully Present After Previous Immigration Violations), if filed by a NACARA or HRIFA adjustment applicant;
  • INA section 212(a)(9)(C)(Unlawfully Present After Previous Immigration Violations) for a VAWA self-petitioner.

NOTE: Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases, if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, or if you otherwise lose your legal permanent resident status. If you obtained the waiver in connection with an application for lawful permanent residence on a conditional basis pursuant to section 216 of the Act, the validity of the waiver automatically ceases with the termination of such residence; no separate notification of termination of the waiver is needed, and the termination of the waiver cannot be appealed. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again. Also, a waiver granted in relation to a TPS application is only valid for the TPS application