Waivers of inadmissibility

Being inadmissible means the law bars you from being admitted or from getting a green card. Grounds include unlawful presence, certain criminal convictions, misrepresentation, and prior removals.

A waiver asks the government to forgive a specific ground. Waivers are discretionary, they exist only for certain grounds, and they generally require showing hardship to a qualifying relative.

Provisional unlawful presence waiver (I-601A)

This waiver exists for a specific trap. A person who entered without inspection cannot usually adjust status inside the United States, so they must go abroad for a consular interview. But departing after accruing unlawful presence triggers a bar on returning.

The provisional waiver lets certain applicants get a decision before they leave, so they are not gambling on an outcome from outside the country.

It applies only to the unlawful presence ground. If you are inadmissible for another reason as well, this waiver alone will not solve it, and a different or additional waiver may be needed.

General waiver (I-601)

Filed from abroad, and broader in scope. Depending on the ground, it may address certain criminal grounds, misrepresentation, unlawful presence, and some health-related grounds. Different grounds carry different qualifying relative requirements.

Permission to reapply (I-212)

For people who were previously removed or who left under an order of removal, and who need consent to seek admission again. This is a separate request from a waiver of inadmissibility and is often needed alongside one.

Extreme hardship

Most waivers turn on showing extreme hardship to a qualifying relative. The standard is higher than the ordinary hardship of family separation, which the law assumes. Strong cases document medical conditions, financial dependence, country conditions, caretaking duties, and interrupted schooling, backed by records.

Waiver cases turn on this, which is why they take time to prepare.