An Application for a Waiver of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a Bureau of the U.S. Department of Homeland Security (DHS).There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility (grounds):
- Persons who enter the U.S. without being admitted or paroled at a port of entry or who overstay a valid visa, or the period of authorized stay expires.
- If the applicant is inadmissible because they have been unlawfully present in the United States for more than 180 days (3-year bar) or one year (10-year bar) and have voluntarily left the United States (including voluntary departure), they may apply for a Waiver of Ground of Inadmissibility on Form I-601.
- Persons who knowingly or willfully made misrepresentations or committed fraud in order to obtain an immigration benefit or benefit under the INA, may apply for a Waiver of Ground of Inadmissibility on Form I-601
- Persons previously deported or given expedited removal must also file Form I-212, Application for Permission to Reapply for Admission (if eligible).
• Persons unlawfully present in the United States for an aggregate period of one (1) year who have exited the United States and re-entered without inspection (EWI) are not eligible to file Form I-601 to waive their unlawful presence.
• An applicant’s petition may be approved if they are the spouse, parent, unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or legal permanent resident, or of an alien who has been issued an immigrant visa, or the fiancé(e) of a U.S. citizen or the fiancé(e)’s child.