Waivers of Inadmissibility
Some individuals are found inadmissible to become Lawful Permanent Residents because of criminal convictions, violation of the immigration laws such as having entered the U.S. without inspection or accrued unlawful presence in the United States, having been deported before, or having committed fraud. In such cases, the individual is required to file a Waiver of Inadmissibility depending on the type of violation.
Generally, the applicant must establish that a U.S. citizen or Lawful Permanent Resident will suffer extreme hardship if it is forced to leave the United States.
I-601A, Provisional Waiver: The provisional unlawful presence waiver process allows individuals who are who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview at the U.S. Consulate overseas. This process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States. This waiver applies to immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees.
I-601, Waiver of Grounds of Inadmissibility: There are many grounds that may prevent an individual from becoming a Lawful Permanent Resident. Such grounds of inadmissibility may be immigration fraud or misrepresentation, certain criminal convictions, illegal presence in the United States, physical or mental disorder that may be harmful, among other grounds. The applicant must prove that his or her U.S. citizen or Lawful Permanent resident spouse or parent would suffer extreme hardship.
I-212, Returning Immigrants after Deportation: If you are an individual who was deported or removed from the United States and who wish to return before the 5 or 10 year bar has elapsed, you must file this waiver and establish that the factors on your favor outweigh the adverse factors in the interest of family unity, humanitarian concerns, and public interest to be granted permission to return to the United States.