How to Apply for a Waiver for Inadmissibility

Certain individuals who are deemed inadmissible to the United States due to past immigration violations, criminal history, misrepresentation, or health-related grounds may still be eligible to enter or remain in the U.S. by applying for a waiver of inadmissibility. A waiver is a legal remedy that, if approved, allows an applicant to overcome their inadmissibility and obtain a visa, green card, or other immigration benefits.

This guide provides a comprehensive overview of how to apply for a waiver of inadmissibility, including eligibility, application procedures, and key factors to consider.

What is a Waiver of Inadmissibility?

A waiver of inadmissibility is an official forgiveness granted by U.S. immigration authorities that allows an otherwise inadmissible person to enter or stay in the U.S. despite their past violations. Different types of waivers exist depending on the specific ground of inadmissibility.

Some common reasons a person may be found inadmissible include:

• Unlawful presence in the U.S.

• Criminal convictions

• Immigration fraud or misrepresentation

• Health-related issues

• Prior removal or deportation

• Security-related grounds

Each ground of inadmissibility has specific waiver requirements, and not all inadmissible individuals qualify for a waiver.

Types of Waivers and Who Qualifies

The following are the most common types of waivers available:

1. I-601 Waiver (Application for Waiver of Grounds of Inadmissibility)

• Used for individuals applying for an immigrant visa or adjustment of status (in some cases the K1) who are inadmissible due to unlawful presence, criminal history, or misrepresentation.

• Applicants must prove that their U.S. citizen or lawful permanent resident (LPR) spouse or parent would suffer extreme hardship if the waiver is denied.

• This waiver does not apply to all crimes—certain serious offenses, such as aggravated felonies, may disqualify applicants.

  
  

2. I-601A Provisional Unlawful Presence Waiver

• Available to individuals who are in the U.S. and need a waiver for unlawful presence before departing for consular processing.

• Applicants must show extreme hardship to a U.S. citizen or LPR spouse or parent.

• Only waives unlawful presence—it does not cover criminal inadmissibility or fraud.

  
  

3. I-212 Waiver (Application for Permission to Reapply for Admission After Deportation or Removal)

• Required for individuals who were previously removed or deported and need permission to re-enter the U.S.

• Often needed along with other waivers depending on the applicant’s inadmissibility grounds.

  
  

4. 212(d)(3) Nonimmigrant Waiver

• Available for nonimmigrants (temporary visitors) who are inadmissible due to criminal records, misrepresentation, or other grounds.

• Must be filed with the U.S. consulate during the visa application process.

• Unlike immigrant waivers, this waiver does not require proving extreme hardship.

  
  

5. INA 212(h) Waiver for Criminal Grounds

• Used for individuals inadmissible due to certain crimes, such as moral turpitude offenses, prostitution, or multiple criminal convictions.

• Requires proof of rehabilitation and/or extreme hardship to qualifying relatives.

  
  

6. INA 212(g) Waiver for Medical Grounds

• Available for individuals found inadmissible due to communicable diseases or lack of required vaccinations.

• Must demonstrate eligibility through vaccination waivers or evidence that the condition is not a public health risk.

  
  

How to Apply for a Waiver of Inadmissibility

The application process varies depending on the type of waiver, but the general steps include:

Step 1: Determine Eligibility

• Identify the specific reason for inadmissibility.

• Check whether a waiver is available for that ground of inadmissibility.

• Determine if you have a qualifying relative (for waivers requiring extreme hardship proof).

  
  

Step 2: Gather Supporting Documents

• Personal statement explaining why you need the waiver.

• Evidence of family ties in the U.S. (birth certificates, marriage certificates, etc.).

• Proof of extreme hardship (if applicable), such as medical records, financial statements, or expert evaluations.

• Criminal records and evidence of rehabilitation (if applying for a criminal waiver).

• Medical reports (if applying for a health-related waiver).

• Letters of support from employers, family, or community members.

  
  

Step 3: Complete the Correct Form

• Form I-601 for general waivers of inadmissibility.

• Form I-601A for unlawful presence waivers.

• Form I-212 for individuals who have been deported and are seeking re-entry.

• Consular processing waiver requests for nonimmigrant visas under 212(d)(3).

  
  

Step 4: Submit the Application and Pay Fees

• Submit the completed form along with supporting documents to U.S. Citizenship and Immigration Services (USCIS) or the relevant consulate.

• Pay the applicable fees.

  
  

Step 5: Attend Biometrics Appointment (if required)

• Some waivers, like the I-601A, require a biometrics appointment at a USCIS Application Support Center.

  
  

Step 6: Wait for a Decision

• Processing times vary based on the waiver type, caseload, and individual circumstances.

• If additional evidence is needed, USCIS may issue a Request for Evidence (RFE).

• If approved, applicants can proceed with their immigration process. If denied, they may appeal or reapply if circumstances change.

Tips for a Successful Waiver Application

• Be thorough and honest: Providing incomplete or misleading information can lead to delays or denials.

• Demonstrate strong ties: Show that you have strong family or community connections to justify the waiver.

• Gather compelling hardship evidence: If applying based on hardship, detailed documentation can make a difference.

• Work with an immigration attorney: Given the complexity of waivers, professional legal guidance can improve your chances of approval.

Conclusion

Applying for a waiver of inadmissibility can be a complex and lengthy process, but it provides a pathway for individuals who would otherwise be unable to enter or remain in the U.S. Understanding the requirements, preparing strong evidence, and seeking professional assistance can significantly improve the chances of success.

If you need help determining your eligibility or preparing a strong waiver application, contact our office today for expert legal assistance.