US-CIS tells us the purpose of a waiver is for "an individual who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible."
The waiver seeks to waive the basis (or grounds) for inadmissibility to the United States.
Grounds for inadmissibility include:
- Health-related;
- Certain criminal grounds;
- Membership in Totalitarian Party;
- Immigration fraud or misrepresentation (except for False Claim to U.S. Citizenship) (Note: there are few exceptions)
- Alien smuggler;
- Unlawful presence bar;
- Others which pertain to non-family immigration.
Generally, the most common waivers are for family based immigration and deal with unlawful presence, criminal matters, and misrepresentation.
However, waivers are available for VAWA, TPS, NACARA, HRIFA, and T nonimmigrants.
Waivers are also available for many nonimmigrant visas.
Most waivers, for family based immigration, require that the immigrant have a "qualifying relative" who will suffer extreme hardship if you, the immigrant, are not allowed to return to the United States.
Generally speaking, qualifying relatives are U.S. Citizens or Lawful Permanent Resident (LPR) spouse, fiancée, or parent of the petitioning immigrant.
Children are not qualifying relatives.
In determining the approvability of your waiver US-CIS will review the extreme hardship which will befall your qualifying relative. US-CIS will consider factors such as your qualifying relatives:
- Health
- Financial status
- Education
- Personal considerations
- Special factors including: culture, relations, language, religion, fears of persecution, etc.
For more information on waivers, please enter your name and email to enter our Waiver library.