WAIVERS OF INADMISSIBILITY

§§ 212(a) of the Immigration and Nationality Act of 1952 ("Act"), Pub. L. No. 82-414, 66 Stat. 163,
8 U.S.C. § 1182(a).
22 C.F.R. § 40.11

(c) 1999 VIKRAM BADRINATH, P.C. All rights reserved.

Introduction

Every applicant for admission at a United States Port of Entry, whether for a non-immigrant visa (e.g., H-1B, L-1, O-1, B-2, etc.) or an immigrant visa must demonstrate that he is admissible to the United States in the category for which application is made. Current immigration laws allow for the exclusion and removal of certain inadmissible aliens via different administrative mechanisms: (1) Expedited Removal; (2) Formal Removal Proceedings before an Immigration Judge.

An applicant may be deemed inadmissible to the United States if he falls into one or more recognized categories of inadmissibilty (formerly known as grounds for exclusion.) The U.S. INS may deny admission to the United States forever, unless a waiver of inadmissibilty exists, for any of the following reasons:

• Health Related Grounds: communicable diseases, vaccinations, physical/mental disorder, drug abusers
• Economic Grounds: public charges, skilled/unskilled laborers, medical graduates who have not passed NBME examination, uncertified foreign health care workers, citizens who have renounced citizenship for tax purposes
• Criminal Grounds: crimes of moral turpitude, drug offenses, two or more offenses, prostitutes, diplomats involved in criminal activity
• Moral Grounds: polygamists
• Immigration Violations: prior deportations/exclusions/removals, unlawful presence in U.S. followed by departure, unlawfully present/present without admission or parole, failure to attend removal hearing, stowaways, alien smugglers, civil penalty holders for document fraud, student visa abuse
• Misrepresentation or Documentary Grounds: fraud or wilful misrepresentations, intending immigrant not in possession of a valid immigrant visa or entry document, nonimmigrant not in possession of valid entry document
• Miscellaneous Grounds: aliens ineligible for citizenship, draft evaders, aliens making false claims to U.S. citizenship, unlawful voting, international child abduction
• Security and Related Grounds: espionage or sabotage, other unlawful activity (a purpose is the opposition, control, or overthrow of the U.S government by forece, violence, or other unlawful means), terrorist activity, foreign policy grounds, membership in totalitarian party, nazis, genocidials)

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For many of the above-referenced reasons for denying admission to the United States, there exists a "waiver" or exception to the particular ground. In order to receive a waiver, an applicant must specificially request or apply for such treatment. Although a specific waiver exists, it is not automatically consider or granted. Some grounds of inadmissibility have no waiver, resulting in the permanent inadmissibility of an applicant from the United States (assuming no changes in law.) The following is a list of the most common types of waivers that exists. It is by no-means, all inclusive or exhaustive:

• Cancellation of Removal [§ 240A(a), 8 U.S.C. § 1228a(a)]
• Asylees and Refugees seeking Adjustment of Status [§ 209(c), 8 U.S.C. § 1159(c)]
• General Waivers for Nonimmigrants [8 U.S.C. § 1182(d)(3)]
• Aliens not in possession of valid documents [§ 212(d)(4), 8 U.S.C. § 1182(d)(4)]
• LPR assisting smuggling of family member [§ 212(d)(11), 8 U.S.C. § 1182(d)(11)]
• J-1 Waiver of 2-Year Foreign Residency Requirement [§ 212(e), 8 U.S.C. § 1182(e)]
• Health Related Grounds [§ 212(g), 8 U.S.C. § 1182(g)]
• Extreme Hardship Waivers [§ 212(h), 8 U.S.C. § 1182(h)] for crimes involving moral turpitude, two or more crimes, prostitution, diplomats who assert immunity, single offenses of simple possession of 30 grams or less of marijuana
• Document Violations (Fraud/Misrepresentation) [§ 212(i), 8 U.S.C. § 1182(i)]

For more information about receiving a possible waiver for a ground of inadmissibility, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.