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:

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:

 

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.