What is an Immigration Waiver?

There are many reasons for seeking entry to the United States, but not all of those reasons are valid under the law. Whether a foreign person wants to come into the country to visit their family members, for a vacation, to participate in some kind of professional convention or meeting, or for any other purpose, if they fall into any of certain specific categories then they will not be admitted unless they pursue what is known as a non-immigrant waiver.

A non-immigrant waiver gives a person seeking entry into the country the ability to be admitted despite the fact that they meet one or more of the grounds for inadmissibility. These grounds include:

  • Issues of health – People who have been diagnosed with communicable diseases, who have failed to get required immunizations, or who have been diagnosed with a drug addiction or a dangerous mental or physical disorder
  • Issues of criminality – This includes having been guilty of conduct that is counter to accepted standards of morality, honesty or justice; drug-related offenses either abroad or in the United States; multiple criminal convictions resulting in five or more years of incarceration; drug or sex trafficking; prostitution; or money laundering
  • Fraud or misrepresentation – Any falsification of the information submitted while applying for or obtaining a visa
  • Unlawful presence in the U.S. or related grounds – This can include falsely claiming U.S. citizenship, entering the country illegally or as a stowaway, smuggling or abuse of a student visa

If you suspect that you may not be eligible for admission to the United States as a result of any of these grounds applying to you, there is a chance that you can get around the bar to your admission by applying for an immigration waiver. By applying for (and being approved for) one of these waivers, an individual who would otherwise not be able to gain entry will be permitted to visit without having to face penalties.

There are several different types of immigration waivers, including:

  • I-601 Hardship Waiver
  • I-601A Provisional Waiver
  • Criminal Conviction Waiver
  • Misrepresentation or Fraud Waiver
  • Unlawful Presence Waiver

Your eligibility for one of these waivers is dependent upon your individual circumstances. For assistance and guidance, contact our immigration attorneys today to set up a time for us to review your situation.