Requirements for Approval of a Waiver of Ground of Inadmissibility by Ground of Inadmissibility United States Waiver of Inadmissibility

1 requirements approval of waiver of ground of inadmissibility ground of inadmissibility

1.1 unlawful presence (3/10 year bar)
1.2 criminal grounds
1.3 immigration fraud or misrepresentation
1.4 health related grounds of inadmissibility
1.5 immigrant membership in totalitarian party
1.6 alien smuggling

requirements approval of waiver of ground of inadmissibility ground of inadmissibility
unlawful presence (3/10 year bar)

if applicant inadmissible because have been unlawfully present in united states more 180 days (3-year bar) or 1 year (10-year bar), may apply waiver of ground of inadmissibility on form i-601.
it important note applicant may not eligible apply waiver of inadmissibility if unlawfully present in united states more 1 year, left united states, returned without being admitted or paroled (ewi).
the applicant must establish u.s. citizen or legal permanent resident spouse, parent, or k visa petitioner suffer extreme hardship if application denied.
there special instructions tps , vawa self-petitioners applying waiver of ground of inadmissibility.

criminal grounds

the applicant may apply waiver of ground of inadmissibility on form i-601 if have been found inadmissible for: (1) crime involving moral turpitude (other purely political offense); (2) controlled substance violation according laws , regulations of country. (3) 2 or more summary convictions (other dui s dangerous driving or general assault), or 1 or more indictable convictions. (4) prostitution; (5) unlawful commercialized vice whether or not related prostitution; or (6) being alien involved in serious criminal activity, has asserted immunity prosecution.
the applicant must establish inadmissible because of participation in prostitution (including having procured others prostitution or having received proceeds of prostitution), have been rehabilitated , admission not contrary national welfare, safety or security of united states; or
at least 15 years have passed since activity or event made applicant inadmissible, have been rehabilitated , admission united states (or issuance of immigrant visa) not contrary national welfare, safety or security of united states; or
the applicant s qualifying u.s. citizen or legal permanent resident spouse, son, daughter, parent or k visa petitioner experience extreme hardship if applicant denied admission; or
the applicant approved vawa (violence against women act) self-petitioner.
the attorney general not favorably exercise discretion waiver consent reapplication (or adjustment of status) in cases involving violent or dangerous crimes except in extraordinary circumstances or cases applicant demonstrates denial of application result in exceptional , extremely unusual hardship.

immigration fraud or misrepresentation

if applicant inadmissible because have sought procure immigration benefit fraud or misrepresenting material fact[ina section 212(a)(6)(c)(i)], may apply waiver of ground of inadmissibility on form i-601.
the applicant must demonstrate qualifying u.s. citizen or legal permanent resident spouse, parent or k visa petitioner experience extreme hardship if applicant denied admission or applicant vawa self-petitioner , applicant, u.s. citizen or legal permanent resident parent or child experience extreme hardship if applicant denied admission u.s.

health related grounds of inadmissibility

an applicant s petition may approved if spouse, parent, unmarried son or daughter, or minor unmarried lawfully adopted child of u.s. citizen or legal permanent resident, or of alien has been issued immigrant visa, or fiance(e) of u.s. citizen or fiance(e) s child; or if vawa self-petitioner.
please note there additional application requirements individuals inadmissible due diagnosis class tuberculosis, hiv, or physical or mental disorder , associated harmful behavior .
a blanket waiver of required vaccinations can given civil surgeon vaccinations not medically appropriate @ time of examination. applicants religious or moral objections vaccinations may submit proof , apply waiver.

immigrant membership in totalitarian party

if applicant inadmissible because member of, or affiliated with, communist or other totalitarian party, may apply waiver of ground of inadmissibility on form i-601.
a waiver may granted humanitarian purposes, assure family unity, or when in public interest if applicant parent, spouse, son, daughter, brother or sister of u.s. citizen, or spouse, son or daughter of lawful permanent resident, or fiance(e) of u.s. citizen. applicant must not deemed threat security of united states.

alien smuggling

if applicant inadmissible because have engaged in alien smuggling, may apply waiver of ground of inadmissibility on form i-601 if have encouraged,induced, assisted, abetted or aided individual @ time of action spouse, parent, son or daughter (and no other individual) enter united states in violation of law.
also, applicant must either: (1) legal permanent resident temporarily proceeded abroad, not under order of removal, , otherwise admissible u.s. returning resident; or (2) seeking admission or adjustment of status immediate relative, first, second or third preference immigrant, or fiance(e) (or or children) of u.s. citizen.
a waiver under section may granted humanitarian reasons, assure family unity, or when otherwise in public interest.




^ cite error: named reference uscis.gov invoked never defined (see page).
^ ina section 212(a)(9)(c)(i)(i)
^ 8 cfr 212.7(d) confirmed 9th circuit in meija v. gonzales, 499 f.3d 991 (9th cir.2007) , again 2nd circuit in samuels v. chertoff, 550 f.3d 252 (2nd cir.2008)
^ see ina section 212(a)(1)(a)(iii).
^ ina section 212(a)(3)(d)(iv)
^ ina section 212(a)(6)(e)(i)