Waiver of inadmissibility

If you are inadmissible to the United States, applying for an immigration waiver of inadmissibility can act as a protection to overcome that impediment. 

While inadmissibility prevents you from entering the country or obtaining immigration relief, it doesn’t necessarily mean the end of your American dream. 

Contact our New Jersey immigration lawyers for legal advice and support.

Everything you need to know about applying for a waiver of inadmissibility to the United States in 2025

When an immigrant is deemed inadmissible to the United States, they may face difficulties obtaining immigration status or returning to the country after leaving. 

The Immigration and Nationality Act (INA) establishes several grounds of inadmissibility, such as: 

• Health problems, 
• Criminal activity, 
• Threats to national security,
• Lack of a labor certification , 
• Fraud, or 
• Unlawful presence. 

Despite this, inadmissible immigrants may be able to apply for an immigration waiver inside or outside the US.

What is the waiver of inadmissibility?

A waiver or waiver of inadmissibility is a legal relief that allows certain individuals to cease being inadmissible and become eligible again for certain immigration status or relief. 

Not all grounds for inadmissibility can be waived, but in some cases, the law allows for a waiver. 

How do I know if I’m inadmissible to the US? Most immigrants are unaware that they may be inadmissible without realizing it. Contact our immigration attorney to learn about your legal status and avoid future problems.

What are the two most common grounds for inadmissibility?

Typically, the two most common grounds for inadmissibility in immigration are:

1. Unlawful presence in the US: Remaining in the country without legal status for more than 180 days can result in a 3- or 10-year re-entry bar.
2. Criminal record: Certain offenses, such as drug-related offenses, moral turpitude, or multiple convictions, may make a person inadmissible.

Of course, each case is unique, so it’s advisable to consult with an immigration attorney if you think you may be inadmissible.

What types of immigration waivers exist in the United States?

There are currently more than 10 types of waivers in the US. However, the most common are:

I-601 Waiver

Form I-601, known as a waiver of inadmissibility, is used when an immigrant seeking a Green Card has a criminal record, for example, immigration fraud or drug possession charges.

This waiver also applies when an inadmissible immigrant seeks to apply for:

• An immigrant visa.
• Temporary Protected Status (TPS).
• The NACARA Program.
• Special Immigrant Juvenile Status ( SIJ ).

I-601A Waiver

Form I-601A is requested when immigrants:

• Entered the US illegally, or 
• Have remained in the country after their temporary visa has expired. 

To apply for this waiver, the inadmissible immigrant must:

• Be physically present in the United States,
• Be at least 17 years old at the time of application, and
• Have a pending immigrant visa case with the US Department of State (DOS).

I-212 Application

Form I-212 is used to obtain permission to reenter the US after being deported. 

However, it is essential not to attempt to return to the US until the I-212 application is approved. 

We remind you that the penalties for entering the country without permission can range from three to ten years. Therefore, this form allows eligible immigrants to apply for permission to return before serving their penalty.

Subcategories of I-212 Waiver

The I-212 waiver covers several subcategories applicable to different inadmissibility situations, including the following sections:

• I-212(a).
• I-212(d).
• I-212(g).
• I-212(h).
• I-212(i).

For more details or information regarding these waivers, please do not hesitate to contact our professionals. They will provide detailed guidance on how to apply for an immigration waiver to the United States.

What are the steps to apply for a waiver of inadmissibility to the United States?

The process for applying for a waiver of inadmissibility to the United States varies depending on the type of waiver being requested. The most common steps are described below:

If you are outside the US

If you are outside the US and a consular officer determines that you are inadmissible, you must:

1. Complete and file Form I-601 with USCIS. 
2. Attach the necessary documents. 
3. Please allow for processing time, which varies depending on your case. 

If your application is denied, you can appeal the decision using Form I-290B.

If you are within the US.

If you are already in the U.S., you can apply for Form I-601A. To begin the process, you must: 

1. Submit the application to USCIS.
2. Attend an appointment for biometric data collection. 
3. Demonstrate that your US citizen or lawful permanent resident spouse or parents would suffer extreme hardship if you are not granted forgiveness.
4. Wait for the decision.

Don’t make these mistakes if you want to apply for immigration Waiver to the US. 

If you have applied for an immigration waiver, we advise you to avoid making the following mistakes:

1# Leaving the United States when you shouldn’t

Do not leave the country under any circumstances while your application is being processed, as you could receive a bar of 3 to 10 years. These penalties usually occur for two reasons:

• You have lived illegally in the US for longer than permitted or for more than 6 months, or
• You left the US after remaining under unlawful presence. It’s worth noting that if you don’tt leave the country, the penalties won’t be triggered. 

2# Believing that the Bar of 3 to 10 years is a permanent ban 

If you receive a 3- to 10-year bar, this does not mean a permanent ban. Therefore, after that period, you will be able to reapply to enter the US.

However, if a permanent ban is imposed, you will not be able to re-enter the country.

If you find yourself under removal proceedings, don’t despair; you may be eligible for cancellation of removal and its benefits . Perhaps at this point, you’d be interested in reviewing how to stop removal proceedings.

3# Failure to comply with process requirements

One of the basic requirements to be eligible for a waiver for unlawful presence in the US is to have a qualifying relative in the country. This relative can be your:

• Spouse, or
• Father or mother which are US citizens or Green Card holders.

If you don’t have a citizen or lawful permanent resident relative, you won’t qualify for a waiver of inadmissibility. 

You will also not be able to qualify for a pardon through your children, only through those mentioned above. 

4# Not offering evidence of extreme hardship

Demonstrating extreme hardship can be an important factor when applying for an immigration waiver. 

However, this evidence must be submitted by a qualifying relative and not by the immigrant applicant. 

Children of US citizens or lawful permanent residents cannot provide this evidence, but they can submit additional arguments.

5# Not trying to apply for a provisional unlawful presence waiver

Undocumented individuals who have immediate family members who are US citizens may qualify for an I-601A waiver within the US.

These applicants will have to wait for the pardon to be approved to complete the process and be able to come to the country. 

Once this point is reached, the applicant will receive a Green Card to legally enter the US. This process is known as provisional unlawful presence waiver.

Who qualifies for immigration waivers?

A waiver of inadmissibility is available to certain foreign nationals deemed inadmissible to the United States. 

Generally, those who may qualify include those whose inadmissibility is due to specific reasons such as unlawful presence, fraud, or certain crimes. 

However, eligibility also depends on factors such as the existence of an immediate family member who may suffer extreme hardship if the waiver is not granted. 

Can I apply for a provisional Unlawful presence waiver to the United States?

In some cases, it is possible, but to do so, you generally need to comply with the following:

• You are an immediate family member of a US citizen, 
• Your deportation proceedings were closed through an administrative closure, and
• It has not been rescheduled on the immigration court calendar at the time of filing Form I-601A.

It’s worth noting that there are other requirements you must meet. Furthermore, even if you are or have been in deportation proceedings, this application is filed with USCIS, not the immigration court.

Remember that you cannot apply for a provisional waiver for unlawful presence at the same time you file Form I-130 or Form I-360. To do so, you must first have the petition approved.

Why is the I-601A immigration waiver called provisional?

The I-601A immigration waiver is called provisional because it only becomes effective once the applicants: 

• The applicants leave the United States, 
• The applicants attend their consular interview, and 
• The DOS determines that you are admissible for the visa.

How long will an approved provisional immigration Waiver be valid?

A provisional exemption for unlawful presence will be valid unless: 

• The approved immigrant visa petition is revoked, 
• DOS cancels the visa registration, or 
• The applicant attempts to re-enter the US without inspection.

Who is not eligible for a provisional unlawful presence waiver (I-601A)?

Although many individuals are eligible for a provisional waiver, there are certain cases in which it is not permissible to apply, even if other requirements are met. Therefore, you will not be eligible if:

• You are under 17 years old.
• You do not have a pending case with DOS. This means you do not have an immigrant visa application or were not selected for the visa lottery.
• You are in removal proceedings and your case has not been administratively closed (or your case has already been reopened).
• You have a final order of removal, unless you have already received permission to reapply for admission (I-212 permission approved before you applied for I-601A).
• CBP or ICE has reinstated a previous deportation order before or during the I-601A process.
• You have a pending application for lawful permanent residence with USCIS.

How much does it cost to apply for A waiver of inadmissibility in the United States in 2025?

The cost of applying for a waiver of inadmissibility in the United States varies depending on the form:

• I-601: $1,050.
• I-601A: $795.
• I-212: $1,175.

However, in some specific cases, the fee may not apply to the immigrant. Furthermore, these amounts apply only to the filing fee and do not include other additional costs, such as legal fees or other documentation.

In general, most immigrants can expect to pay at least $3,500 for application preparation.

How long does it take to obtain a waiver of inadmissibility in the United States?

The processing time for an immigration waiver in the US varies depending on the type of application:

• I-601: Most applications are completed within 180 days.
• I-601A: It typically takes 6-12 months to process.
• I-212: It is usually processed in less than 180 days.

These times are approximate and may change depending on the volume of requests and other factors.

Is it difficult to obtain an immigration waiver to enter the United States?

Obtaining an immigration pardon isn’t easy, but with the proper guidance from an experienced immigration attorney like ours, you can significantly increase your chances of success. 

Therefore, providing solid evidence and following the application instructions is key to this process.

Where can I apply for a waiver of inadmissability to the United States?

To learn how to apply for an immigration pardon to the United States, you must also know where and how to do it. Depending on the type of immigration pardon and your particular scenario, you can apply in different ways:

• In person, before CBP at a port of entry, if the alien is an inadmissible alien with valid documents.
• Electronically, through the e-SAFE system.
• Through the US consulate if you are a citizen of Palau, Micronesia, or the Marshall Islands.
• For cases related to T visas or U visas, it must be sent to USCIS Vermont.
• For I-601 applications, the mailing address depends on the case. For example, VAWA visa self-petitioners must send their application to the USCIS service center in Nebraska. Others, however, must file it at the Lockbox in Phoenix.

For more details on specific addresses for your case, please contact our immigration office.

What supporting documents do I need to apply for an immigration Waiver of inadmissibility?

Generally, when submitting an immigration waiver, certain supporting documents must be included. 

These may vary depending on the specific case, so it’s advisable to consult with our firm to ensure everything necessary is included. 

That said, some of the most common documents include:

• Biographical documents, such as birth certificates, passports and others.
• Documentation related to previous applications filed with USCIS (such as receipt or approval notices).
• Photographs of the individuals involved, especially with family members, indicating dates and context of each photo.
• A statement from the petitioner and/or qualifying family member, explaining how they would suffer extreme hardship if a waiver is not granted.

Remember that the evidence presented must be detailed and supported by clear evidence to support the claims.

What should my Form I-192 package include?

When submitting an immigration waiver application using Form I-192, it is important to gather the following:

• Evidence of your citizenship (such as a passport or birth certificate).
• Completed, signed, original Form I-192 (copies are not accepted).
• Form G-28 if you have an attorney or authorized representative.
• Fingerprints: FD-258 card or electronic capture (taken by CBP upon application submission).
• You don’t need to include Form G-325A if you’re using the most recent version of the I-192. If you’re using an older version, you must include it.
• Court records from any country where you have a criminal record, or an official letter from the court if documents are unavailable.
• Official copy of the court record with details of the conviction, sentence, and resolution of each crime.
• Signed personal statement explaining each arrest, conviction, and punishment, as well as evidence of rehabilitation or good character.
• If your inadmissibility is for health reasons, you must include evidence of treatment or rehabilitation.
• If you were declared inadmissible for unlawful presence, you must include detailed information about it.
• Additional information that may strengthen your case. For example, current employment abroad or relatives living in the US.

To ensure your application is complete and well presented, we recommend that you consult with us.

Immigration attorneys in New Jersey to apply for an immigration waiver of inadmissibility to the United States

Now you’re more informed about how to apply for a waiver of inadmissibility to the United States. However, if you’re looking for legal advice on US immigration laws, Curbelo Law, based in New Jersey, can help. 

Our attorney has extensive experience in the field and will provide you with the necessary support to properly process your application for a waiver to the United States. 

Trust our experience for expert legal services. Contact us today to schedule your private consultation.