What a waiver is for
The law lists grounds of inadmissibility: reasons a person cannot be admitted or get a green card. Common ones are time spent in the United States without status, a past misrepresentation to an immigration officer, certain criminal convictions, and a prior removal order. For some of these grounds, and for people with the right family ties, the law allows a waiver.
Not every ground can be waived, and not everyone qualifies to ask. Which waiver applies depends on the exact ground and on who your qualifying relatives are.
The main waivers
- Waiver of grounds of inadmissibility (Form I-601)
- Covers several grounds, including unlawful presence, misrepresentation and some criminal grounds.
- Provisional unlawful presence waiver (Form I-601A)
- Lets certain people who have a U.S. citizen or permanent resident spouse or parent ask for forgiveness of unlawful presence before leaving for a consular interview, so the time apart is shorter and the answer is known before they go.
- Permission to reapply for admission (Form I-212)
- For people who were removed or left under a removal order and need consent to return.
Extreme hardship
Most of these waivers require showing that a qualifying relative, usually a U.S. citizen or permanent resident spouse or parent, would suffer extreme hardship if you were not admitted. Ordinary separation is not enough. The case is built from medical, financial, educational and family evidence, and from conditions in the country you would return to. Even when hardship is shown, the decision is discretionary: the officer weighs the favorable and unfavorable facts.
Common questions
What are the three-year and ten-year bars?
A person who was unlawfully present in the United States for more than 180 days but less than a year and then leaves is barred from returning for three years; after a year or more of unlawful presence, ten years. Leaving is what triggers the bar, which is why it has to be assessed before you travel.
Can my U.S. citizen child be my qualifying relative?
For the unlawful presence waivers, no: the hardship must be to a spouse or parent who is a citizen or permanent resident. Hardship to a child can still matter as part of the hardship to that spouse or parent.
What if the waiver is denied?
It depends on the waiver and on where you are. Some can be refiled with stronger evidence. This is one reason to prepare it fully the first time.
Official sources
This page was written from the official sources below. Rules, forms and procedures change; check the agency for the current version.
This page is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.