Waiver of Inadmissibility

The spouse, parent, unmarried son or daughter, or minor unmarried lawfully adopted child of

• A U.S. citizen; or
• An alien lawfully admitted for permanent residence; or
• An alien who has been issued an immigrant visa

A self petitioner under the Violence Against Women Act (VA WA)

The fiance(e) of a U.S. citizen or the fiance(e)’s child.

• BIA’s standards for waiver:
• The risk of harm in admitting the applicant;
• The seriousness of the acts that caused the inadmissibility; and,
• The importance of the applicant’s reason for seeking entry.
• Matter of Hranka, 16 I&N Dec.491(BIA1978) “the applicant’s reason’s for entering the US need to be compelling”
• Reference material: FAM 40.301 N3. 22CFR40.301

Waiver of Unlawful Presence longer than 6 months

INA §212(a)(9)(B)(i)

• You have a U.S. citizen or lawful permanent resident spouse or parent, or a U.S. citizen fiance(e) who petitioned for your K visa, who would experience extreme hardship if you were denied admission, and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

Waiver of criminal grounds

INA § 212(a)(2)(A)(i)(I)

Waiver for Fraud/Misrepresentation

INA §212(a)(6)(C)(i)

• Extreme Hardship Waiver or You are a VA WA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child would experience extreme hardship if you were denied admission; and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

• An alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and are otherwise admissible to the United States as a returning resident under section 211(b) of the INA, or
• Seeking admission or adjustment of status as an immediate relative under section INA 201(b)(2)(A) or as an immigrant under section 203(a) of the INA (first, second, and third family-based preference, but not fourth preference) or as the fiance(e) (or child of the fiance(e))’of a U.S citizen; and
• You have encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was your spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of the law; and
• Your application should be granted to serve humanitarian purposes, to assure family unity, or because it is otherwise in the public interest;