Whether you are eligible for a waiver depends on the immigration benefit you are seeking and the reason for your inadmissibility. If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application to obtain relief from the following grounds:
1. Health-related grounds of inadmissibility (INA section 212(a)(1))
2. Certain criminal grounds of inadmissibility (INA section 212(a)(2))
3. Immigration fraud and misrepresentation (INA section 212(a)(6)(c))
4. Immigrant membership in totalitarian party (INA section 212(a)(3))
5. Alien smuggler (INA section 212(a)(6)(E))
6. Being subject to civil penalty (INA section 212(a)(6)(F))
7. The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B))
If you are an applicant for an immigrant visa or adjustment of status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner, you may file this application to obtain relief from the following grounds:
1. All grounds listed for the adjustment of status applicants.
2. Unlawfully present after previous immigration violations (INA section 212(a)(9)(C))
NOTE: VAWA self-petitioners (and their children) seeking adjustment have a special form of relief available if they are inadmissible under the 3-year or 10-year bar (INA section 212(a)(9)(B)(i)). VAWA self-petitioners (and their children) who are not eligible for this special form of relief, but meet the requirements for the waiver under INA section 212(a)(9) (B)(v), may file Form I-601.
Except as provided below, if you are granted a waiver of grounds of inadmissibility in connection with your immigrant visa or adjustment of status application, the waiver is valid indefinitely. This is true even if you do not obtain your immigrant visa, or immigrant admission, or adjustment of status, or if you lose your legal permanent resident (LPR) status.
The following waivers are either conditional or limited to certain benefits.
Convention Adoptee. If you obtain a waiver in connection with Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, the approval of your waiver is conditioned upon the final issuance of an immigrant or nonimmigrant visa based on the final approval of Form I-800.
K Nonimmigrant Visa Applicant. If you obtain a waiver in connection with an application for a K-1 or K-2 nonimmigrant visa, the approval of your waiver is conditioned upon the marriage of the K-1 visa applicant and the K-1 visa petitioner after the K-1 nonimmigrant visa applicant is admitted to the United States.
Conditional Resident. If you obtain a waiver in connection with an application for lawful permanent residence on a conditional basis under INA section 216 or INA section 216A, the validity of the waiver automatically ceases with the termination of such residence. No separate notification of termination of the waiver is needed, and you cannot appeal the termination of the waiver. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again.
TPS Applicant. If you obtain a waiver in connection with Form I-821, Application for Temporary Protected Status, the waiver is only valid for the TPS application. If granted, the waiver will apply to subsequent TPS re-registration applications, but not to any other immigration benefit requests
NOTE: The waiver that is granted will apply only to the grounds of inadmissibility and those crimes, incidents, events, or conditions that you have included in your application. For this reason, it is important that you disclose all conduct or conditions.
Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States. The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview. This new process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States.
To be eligible for a provisional unlawful presence waiver, you must fulfill ALL of the following conditions:
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
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