Certain noncitizens may not be allowed to enter or obtain status in the United States because they are inadmissible. These noncitizens may overcome the inadmissibility if they are eligible to apply for and receive a waiver.

USCIS, in its administration of waiver laws and policies, seeks to:

  • Promote family unity and provide humanitarian results;
  • Provide relief to refugees, asylees, victims of human traffickingand certain criminal acts, and other humanitarian and public interest applicants who seek protection or permanent residency in the United States;
  • Advance the national interest by allowing noncitizens to be admitted to the United States if such admission could benefit the welfare of the country;
  • Ensure public health and safety concerns are met by requiring that applicants satisfy all medical requirements prior to admission; and
  • Weigh public safety and national security concerns against the social and humanitarian benefits of granting admission to a noncitizen.

Considerations of family unity, humanitarian concerns, public and national interest, and national security may differ depending on the specific waiver an applicant is seeking.

The most common types of waivers are:

  • Unlawful presence waiver.
  • Application for Advance Permission to enter as a non-immigrant.
  • Application for permission to reapply for admission into the United States after Deportation or Removal.
  • Application for a waiver of certain criminal grounds of inadmissibility
  • Waivers due to fraud or misrepresentation.

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