HOME > Waivers in Immigration

Waivers in Immigration

Major Waivers in Immigration Law

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

Used in immigration court or for immigrant visa/green card applicants abroad.

Common reasons:

Unlawful presence (3- or 10-year bar)

Misrepresentation/fraud

Certain criminal grounds

Health-related issues

Smuggling of family members

Requires proving:

Extreme hardship to a U.S. citizen or permanent resident spouse or parent.

—

2. I-601A Provisional Unlawful Presence Waiver

Filed inside the U.S. before the applicant leaves for the consular interview.

Used for:

Unlawful presence only (3-year or 10-year bar)

Requirement:

Extreme hardship to USC/LPR spouse or parent

(Children cannot be qualifying relatives for hardship).

Benefit:

Shorter time outside the U.S. during visa process.

—

3. I-212 Permission to Reapply After Deportation/Removal

Used when a person is:

Deported,

Ordered removed,

Left during removal proceedings, or

Has a permanent bar (in some cases).

Often filed together with I-601 when both unlawful presence and deportation bars apply.

—

4. 212(d)(3) Nonimmigrant Waiver

Used by people seeking temporary visas (visitor, student, work visas) who are inadmissible for:

Crimes

Misrepresentation

Unlawful presence (in some cases)

Other inadmissibility issues

No extreme hardship required. Standard is:

Risk to the U.S.

Seriousness of the violation

Purpose of travel

—

5. 212(h) Criminal Waiver

Applies to certain crimes, including:

Crimes involving moral turpitude (CIMT)

Prostitution-related offenses

One offense with sentence under 1 year

Cannot be used for:

Aggravated felonies (if LPR)

Drug crimes (except one marijuana <30g)

Requires:

Extreme hardship OR

15-year rehabilitation rule (if crime was 15+ years ago)

—

6. 212(i) Fraud/Misrepresentation Waiver

Used when a person lied to immigration or used fake documents.

Requires:

Extreme hardship to USC/LPR spouse or parent

(Children do NOT count)

—

7. 601 Waiver for Health-related Grounds

For medical conditions such as:

Communicable diseases

Lack of vaccinations

Often granted with a treatment plan or vaccination compliance.

—

8. VAWA Waivers

For victims of domestic abuse (self-petitioners). They may waive:

Unlawful presence

Certain crimes

Misrepresentation

Hardship standard is more favorable.

—

9. TPS Waivers

Temporary Protected Status applicants can request a waiver for certain inadmissibility issues if it is for humanitarian purposes.

—

10. “9C Permanent Bar” Waiver

People who:

Lived illegally in the U.S. for 1 year+, left, then returned/attempted without inspection

This requires:

10-year wait outside the U.S. before filing I-212

No immediate waiver without the 10-year wait.

—

Which Waiver You Need Depends On Your Situation

Examples:

Entered illegally + overstayed + married a U.S. citizen → I-601A

Deported in the past + wants to return → I-212

Used fake passport/visa → 212(i)

Criminal record → 212(h)

Temporary visa applicant with a prior violation → 212(d)(3)

Consular processing with multiple bars → I-601 + I-212

If you want, tell us your situation or the inadmissibility issue, and our experienced attorneys can tell you exactly which waiver applies, and what evidence is needed. We are here to help make your US journey come true.

Need Help?

We are here to help you Any Immigration Questions

GET CONSULTATION

We is Committed To Help Client!

We represent you in all these matters in all 50 States around the USA. We are here to help you Any Immigration Questions

Houston Office : 231 Bella Katy Dr.Katy, TX 77494

TEL: (281) 870-1300

NY Office 70-20 Austin Suite # 101 Forest Hills, NYC NY 11375

TEL: (718) 487- 3100

Waivers in Immigration