A person not eligible to be admitted into the United States or to adjust her status may obtain lawful admission by filing an application for waiver of the grounds of inadmissibility.
Both immigrants (intending permanent residents) and non-immigrants (temporary visitors) can apply for waivers of most grounds of inadmissibility, although the chances of success will vary based on the ground of inadmissibility and what is called the “equities” of the case. That is, it’s important and often necessary to show ties to the United States (such as family members or long residence) and to give the impression that, on balance, a waiver is more fair than a denial. If at all possible, also show that allowing the person in will be advantageous to the US in some way.
Grounds of Inadmissibility
An eligible alien can seek a waiver only for the following “grounds of inadmissibility”:
The applicant is responsible for meeting all requirements to have the particular ground of inadmissibility waived and has to show that she’s deserving of the requested relief. Depending on the type of waiver sought, the applicant may be required to submit the following supporting documents:
Reasons for Granting Waivers
Generally, waivers of inadmissibility are granted for the following reasons:
Any falsifying or concealing of material facts when seeking a waiver will result in the denial of the waiver and may result in the denial of other immigration benefits and forms of relief. Further, she may be subject to criminal prosecution.