Overview of Inadmissibility Waivers
Inadmissibility waivers, or also referred to as “pardons” in the immigrant community, are required when an individual is inadmissible. There are a variety of reasons someone would be inadmissible to the US, however, the most commonly encountered bases of inadmissibility include criminal-related grounds, prior illegal admission and overstay (where overstays of over 180 days to 365 days lead to a 3-year bar, and overstays of over 1 year leads to a 10-year bar), fraud or willful misrepresentation, and last but not least, the J-1 2-year bar requiring the foreign national to return to their country of nationality for 2 years. As mentioned, some of these bars are temporary and some are permanent. These bars are, of course, not impossible to clear, and there are a variety of waivers which may be obtained.
Click on the text of the topics listed below to read a more detailed overview and to find additional articles, resources, case studies and more.
Non-exhaustive list of common inadmissibility waivers:
| Case Type (click on highlighted text for more information) | Description |
|---|---|
| J-1 Exchange Visitor Waivers | The J-1 visa allows one to stay in the US to participate in an exchange program for a variety of purposes. Sometimes, the J-1 program carries with it a 2-year home residence requirement before they may seek permanent residence, L1 or H1B status, but this may be waived. The types of waivers include: i) no objection waiver, ii) hardship waiver, iii) Interested Government Agency waiver, iv) persecution waiver, and v) the Conrad 30 waiver for foreign medical graduates.J-1 Inadmissibility Waivers |
| I-601 and I-601A Hardship Waivers | The I-601A hardship waiver allows individuals to apply for a green card and waives the unlawful presence bar in advance of triggering it by departing the US to pursue an immigrant visa. The I-601 waiver covers a variety of different basis, and it may be a hardship waiver or a criminal rehabilitation waiver. |
| INA 212d3 Non-Immigrant Waiver | The INA 212d3 waiver is a broad based waiver which an individual seeking admission to the US on a non-immigrant visa (such as a visitor visa or an H1B work visa) may apply for to waive inadmissibility on account of a variety of bases, from criminal grounds, to overstay bars, to fraud or misrepresentation bars. |
Overview of Removal Proceedings
If you find yourself in removal proceedings, there are a variety of options to seek relief.
Click on the text of the topics listed below to read a more detailed overview and to find additional articles, resources, case studies and more.
| Case Type (click on highlighted text for more information) | Description |
|---|---|
| Defensive Asylum | If you fear persecution on account of an immutable characteristic such as race, religion, pollical opinion or membership in a social group, you make apply for asylum, which if approved, will lead to closure of removal proceedings, and a path to a green card. You may alternatively request withholding of removal on the basis of the Conventions Against Torture (CAT) which does not lead to a green card by itself, but at least prevents you from being removed. |
| Cancellation of removal | There are two types of cancellation of removal. The first type applies to those who are US permanent residents and the second applies to those who are not permanent residents but who have nevertheless remained in the US for ten years prior to being placed into removal proceedings, and the applicant must prove hardships to qualifying relatives in the US. |