Immigration Waiver Case Management Software

About Immigration Waivers

A person who is inadmissible cannot be admitted or get a green card unless the ground is overcome. Depending on the ground and the benefit sought, USCIS may grant a waiver if the applicant meets every statutory and regulatory requirement and merits a favorable exercise of discretion. Some grounds have no waiver, and some have an exception that needs no application.

Most family-based waivers are filed on Form I-601 or Form I-601A. Form I-601 covers health, certain criminal, fraud or misrepresentation, unlawful presence and other grounds. Form I-601A lets certain immigrant visa applicants in the United States seek a provisional waiver of unlawful presence only, before the consular interview.

Consent to reapply on Form I-212 is not a waiver. USCIS describes it as a separate remedy for people inadmissible under INA 212(a)(9)(A) after removal, or under INA 212(a)(9)(C) after a prior violation and unlawful reentry. Many clients need an I-212 together with an I-601 or I-601A.

Clients This Case Type Helps

• Spouses and children of U.S. citizens with prior unlawful presence
• Immigrant visa applicants found inadmissible at the consular interview
• Adjustment applicants with criminal history or a past misrepresentation
• People with a prior removal order who now have an approved petition
• Clients who reentered unlawfully after removal or a year of unlawful presence
• K-1 fiancé(e)s and VAWA self-petitioners who need a waiver

Main Waiver Routes

• Form I-601A: provisional waiver of the 3- and 10-year unlawful presence bars, filed in the U.S. before the immigrant visa interview.
• Form I-601 under INA 212(a)(9)(B)(v): unlawful presence waiver for applicants abroad after the interview, or for adjustment applicants.
• Form I-601 under INA 212(i): waiver of fraud or willful misrepresentation, based on extreme hardship to a qualifying relative.
• Form I-601 under INA 212(h): waiver of certain criminal grounds, by extreme hardship, rehabilitation after 15 years, or VAWA approval.
• Form I-601 under INA 212(g): waivers of certain health-related grounds, such as a communicable disease or the vaccination requirement.
• Form I-212: consent to reapply after removal under INA 212(a)(9)(A), or after 10 years outside the U.S. under INA 212(a)(9)(C).

Grounds of Inadmissibility at a Glance

How Waivers Are Decided

USCIS first decides whether the applicant meets the statutory and regulatory requirements of the specific waiver, then decides whether to grant it as a matter of discretion. Meeting the requirements alone does not entitle the applicant to relief, and the applicant carries the burden of showing a favorable exercise of discretion.

For waivers that require extreme hardship, the hardship must fall on a qualifying relative named in the statute who is alive when the waiver is filed and decided. Hardship to the applicant or to a non-qualifying relative counts only as it affects a qualifying relative. Hardship to one qualifying relative is enough, and the hardships of several qualifying relatives can be considered together.

• Qualifying relatives: a U.S. citizen or LPR spouse or parent for INA 212(a)(9)(B)(v) and 212(i); also a son or daughter for INA 212(h).
• Family ties and impact: caregiving duties, length of residence, and the nature of the relationship.
• Social and cultural impact: fear of persecution or discrimination, language barriers, and loss of access to U.S. courts.
• Economic impact: loss of income, losses from selling a home or business, and a lower standard of living abroad.
• Health conditions and care: availability and cost of treatment abroad, and psychological effects of separation or relocation.
• Country conditions: violence or unrest, a TPS designation, and State Department travel warnings.
• Particularly significant factors include a qualifying relative's military service, a disability determination, or a prior grant of asylum or refugee status.
• Discretion weighs favorable factors, such as family ties and rehabilitation, against negative ones, such as criminal history or repeated immigration violations.

Consultation Screening Questions

1. How and when did the client enter the U.S. each time, and were they inspected and admitted or paroled?
2. Has the client ever left the U.S. after more than 180 days of unlawful presence? When, and for how long?
3. Has the client ever been removed, deported or excluded, or left while a removal order was outstanding?
4. After any removal or a year of unlawful presence, did the client reenter or try to reenter without inspection?
5. Has the client ever been arrested, charged or convicted anywhere, and are certified court records available?
6. Has the client ever used false documents, misstated facts to an official, or claimed to be a U.S. citizen?
7. Who are the client's U.S. citizen or LPR spouse, parents and children, and what hardships would they face?
8. Is there a pending petition, NVC case, I-485 or removal proceeding, and what stage is it at?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.