Immigration waivers are available for various grounds of inadmissibility and ineligibility for nonimmigrant and immigrant visas. Immigration waivers are available for immigration fraud or misrepresentation of a material fact to obtain immigration benefits (212(i)), inadmissibility for criminal and related grounds (212(h)), and certain health-related grounds (212(g)). Section 212(d) provides immigration waivers for numerous grounds of inadmissibility and ineligibility, including document fraud. There are limited immigration waivers of inadmissibility for inadmissibility stemming from the accrual of unlawful presence (212(a)). Regulations also permit certain aliens who are subject to the one of the unlawful presence grounds of inadmissibility to seek an immigration provisional unlawful presence waiver before departing the United States in order to apply for an immigrant visa. Limited immigration waivers for missing documentation are available (212(k)). There are special immigration waiver provisions for asylees and refugees (209(c)).

Immigration waivers allow an alien to seek to have a ground of inadmissibility waived in order to be admitted to the United States. Immigration waivers may also be sought by an alien applying for adjustment of status. Additionally, an alien placed in removal proceedings may apply for an immigration waiver in the context of seeking cancelation of removal and adjustment of status. Certain immigration waivers of inadmissibility require that the alien demonstrate that his or her being denied admission would result in extreme hardship to a specific immediate relative or, in limited cases, to the alien applicant.

Most immigration waiver applications are filed on the Form I-601. There is a waiver fee associated with the Form I-601. However, aliens who are exempt from the public charge grounds of inadmissibility may request an immigration fee waiver by filing a Form I-912. In general, the immigration fee waiver for the Form I-601 is available for those seeking U or T visas or for those applying for permanent residency as VAWA self-petitioners.

If an alien is charged with inadmissibility, or believes that he or she may be inadmissible, he or she should consult with an experienced immigration attorney immediately for counsel regarding potential eligibility for relief and guidance through the immigration waiver application process. At the Law Offices of Grinberg & Segal, PLLC, we are experienced and skilled in handling all types of immigration waiver applications and always pursue every appropriate avenue for immigration relief for our clients.