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Waivers

Do you need or qualify for a Waiver?

A person may be refused a visa or refused entry into the United States if they are inadmissible. There are many grounds of inadmissibility which include: criminal convictions or previous immigration problems such as an overstay, or deportation.  The immigration lawyers at IISLG will review your situation to determine which waiver may be available for you.   Below is a discussion of some common nonimmigrant and immigrant waivers:


Nonimmigrant Waivers (not immigrating to live in US permanently)

For nonimmigrants such as B visitors, F students, and H or L workers, most grounds of inadmissibility can be overcome with a waiver. One such waiver is the 212(d)(3) waiver. This waiver is can waive most issues for nonimmigrant inadmissibility and is not easy to get approved.  


It should be noted that nonimmigrant waivers are not permanent, and must be renewed. However, it is possible to obtain one for as long as five years. Many times, the first waiver is approved for a year and subsequent waivers for a longer period unless there is some complicating issue.  It is advisable to apply well in advance because the processing takes several months or longer.



Immigrant waivers (immigrating to US to live permanently)

Immigrants are people who are applying for a Green Card or legal permanent residency (LPR) to live in the U.S. permanently. There are many  immigrant waivers available for most, but not all,  grounds of inadmissibility. These are permanent waivers. The requirements for these waivers are difficult.  Many of these waivers are granted based on extreme hardship to a U.S. citizen or permanent resident relative.  It is not enough to just have a qualifying relative. “Extreme hardship” means hardship above and beyond the hardship that would result from simple separation, even of a husband and wife. 


The immigration lawyers at IISLG can analyze your situation to determine whether a waiver is necessary. For example, not all criminal convictions make you inadmissible and in need of a waiver.  It is important to meet with an immigration attorney that can properly assess your situation.


Please also see our "Waivers" page under the "FAQ" menu above for some grounds for waivers, including: criminal and related grounds; unlawful presence, misrepresentation and fraud; and health and related grounds.


Contact an immigration lawyer at IISLG to review your need and/or eligibility for a waiver.