Waivers of inadmissibility and pardons

/ Immigration overview

An immigration waiver is a legal request for an exemption from certain grounds of inadmissibility that would otherwise bar an individual from entering the United States or obtaining lawful permanent residency (a green card). Inadmissibility can be triggered by various factors, such as immigration violations, criminal convictions, health-related concerns, or other factors. To apply for a waiver, you typically need to demonstrate that granting the waiver would serve the public interest, and in some cases, you may need to show hardship to qualifying family members. An immigration waiver, if granted, allows an individual to overcome these barriers and continue with their immigration process.


Here are some common types of waivers of inadmissibility:


I-601 Waiver (waiver of inadmissibility)

The I-601 waiver is used to overcome a range of grounds of inadmissibility, including those related to unlawful presence, fraud or misrepresentation, certain criminal convictions, and other factors. It is often used by individuals seeking immigrant visas, adjustment of status, or those facing removal proceedings.


I-601A Provisional Waiver

The I-601A waiver is specifically designed for immediate relatives of U.S. citizens who are inadmissible due to unlawful presence. This waiver allows eligible applicants to apply for the waiver before departing the United States for their immigrant visa interview at a U.S. embassy or consulate.


I-212 Waiver (application for permission to reapply for admission into the united states after deportation or removal)

The I-212 waiver is used by individuals who have been previously removed or deported from the United States and are seeking permission to reapply for admission. It is generally filed before departing the individual's home country for a visa interview.


212(h) Waiver

This waiver is used to overcome certain criminal convictions that would otherwise make an individual inadmissible. It is often sought by green card applicants or visa applicants who have criminal histories.


212(c) Waiver

The 212(c) waiver was available for certain lawful permanent residents facing deportation due to criminal convictions. However, this waiver was repealed in 1996, and relief is now available through other avenues.


212(g) Waiver

This waiver is used to overcome health-related grounds of inadmissibility. For example, it may be filed for individuals with medical conditions that would typically make them inadmissible.


J-1 Waiver

Individuals subject to the two-year home-country physical presence requirement (common for J-1 visa holders) may seek a waiver of this requirement to adjust their status, obtain another visa category, or return to the United States..


U Visa Waiver

U visa applicants who are inadmissible due to certain grounds, such as criminal convictions, may apply for a waiver to overcome these barriers


Vawa Waiver

Victims of domestic violence, sexual assault, or other abuse who are inadmissible due to immigration violations may apply for a waiver based on the Violence Against Women Act (VAWA).

Immigration waivers are hard to understand. With help of the experienced Kananchuk Law Office Attorney, you can learn whether or not there is a correct waiver for your situation. Contact us today to get started.

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