Inadmissibility Waivers

Representation on I-212, I-601, and I-602 Waiver Applications

Certain conduct will make a noncitizen ineligible for admission to the United States--sometimes even if the person already is a permanent resident. This conduct makes the noncitizen "inadmissible."

The most common issues include entry without inspection (EWI), a prior removal order, past unlawful presence, fraud or misrepresentation, use of false documents, commission of a crime involving moral turpitude, and alien smuggling (which includes helping, encouraging, or paying for a family member to enter the U.S. illegally). These issues may stand in the way of a noncitizen's attempt to immigrate through a family member, employer, etc.

Waivers exist to forgive some of these grounds of inadmissibility. The forms used include I-212, I-601, and I-602. INA 212(h) waives crimes of moral turpitude. INA 212(i) waives certain misrepresentations. INA 212(a)(9)(B)(v) waives past unlawful presence in some circumstances. Waivers are not available, however, for a few of the most serious grounds of inadmissibility, such as drug trafficking or certain false claims to U.S. citizenship.

The waivers for unlawful presence, misrepresentation, and commission of a crime of moral turpitude usually require (1) the existence of a relationship to a qualifying U.S. citizen or permanent resident family member; (2) a showing that denial of the waiver would result in extreme hardship to the family member; and (3) a favorable exercise of discretion. Certain violent criminal offenses require a higher level of hardship, while some of the other waivers are easier to obtain.

If you potentially need a waiver of inadmissibility, then you definitely need a lawyer.

Request a Case Evaluation