What is a Waiver of Inadmissibility?

What is a Waiver of Inadmissibility?


If you are normally inadmissible to the United States but are seeking immigration status, all hope is not lost. 

There are times when your immigration lawyer may be able to file an I-601, a INA 237, or a 212(H) waiver on your behalf. This form is called a waiver of inadmissibility, and it offers legal forgiveness for issues that might otherwise keep you out of the United States.

Who qualifies for a waiver of inadmissibility?

To qualify for a waiver of inadmissibility you usually must prove that being forced to leave the United States or being denied entry would cause extreme hardship to a spouse, fiancé, parent, or child who is a US citizen or lawful resident.

Extreme hardship is not always easy to prove. It takes an experienced immigration attorney to help you make this case successfully. It is easier if you can show that your relative is financially dependent on you in some way, or if you can show you are a caregiver for that person. 

Certain crimes are not possible to overcome with a waiver. For example, if you were convicted of murder then a waiver will not be possible in your case.

What types of issues is the United States willing to forgive?

The United States has been known to forgive unlawful presence in certain instances when the presence was unavoidable. 

There are also times when immigrants accidentally misrepresent some fact on their application because they did not understand a question, or even because they chose to commit fraud out of desperation or youthful ignorance. 

Finally, minor criminal convictions may be waived if more than 15 years have passed since the crime, or if you have a spouse, fiancé, child, or parent who is a lawful resident or US citizen. 

How long does a waiver of inadmissibility take?

You can expect it to take 8 to 12 months for the United States government to process your waiver of admissibility application. 

You can usually go about your regular activities while waiting for the waiver to be processed, but you should consult with your immigration lawyer. 

What happens after the immigration waiver is approved?

You will receive a packet of information with instructions that will tell you about your next steps in the immigration process. 

Get Help Today

Putting together a waiver of admissibility is not a simple process. It’s a 12 page form that is fairly oblique and which must be supported by documents and evidence which prove the claims that you are making on the form. 

While you may appeal an adverse decision, it is usually better to present the best case you can the first time. You only get one appeal, and after that there are no second chances. 

Give yourself your best chance by reaching out to our law firm to schedule an appointment today.

See also:

What to Do While Your Green Card Application is Pending

What Are The Most Common Defenses in Deportation Proceedings? 

Challenging Credible Fear Interview and Bond Hearing Delays

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