Inadmissibility and Waivers
Individuals deemed legally ineligible are prohibited from entering or remaining in the United States. The Immigration and Nationality Act outlines several reasons for inadmissibility, including health concerns, criminal activity, national security risks, financial dependency, lack of work certification (where required), fraud or misrepresentation, prior deportations, unlawful presence, and other factors. However, in certain cases, it may be possible to obtain a waiver of inadmissibility. In some instances, the law provides specific exceptions, meaning that inadmissibility can be waived if the individual meets these criteria. Examples of such exceptions include minors, victims of severe human trafficking, and those subjected to extreme cruelty or abuse.
An application for a waiver of inadmissibility is submitted when a person, otherwise deemed inadmissible, seeks legal entry into the United States. This application is reviewed by the appropriate authority, such as an immigration court, a U.S. Citizenship and Immigration Services (USCIS) office, or a consular office handling immigrant visas or status adjustments.
The three main categories of inadmissibility covered by U.S. Entry Waivers are criminal activity, medical issues, and previous unlawful presence. These grounds include but are not limited to:
- Contagious diseases
- Mental illnesses posing a danger to oneself or others
- A criminal record involving moral turpitude (for those over 18), which includes crimes such as murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.
If an individual is deemed inadmissible due to unlawful presence in the United States for more than 180 days (triggering a 3-year bar) or over one year (triggering a 10-year bar), they may apply for a waiver using Form I-601. Similarly, those found inadmissible for seeking immigration benefits through fraud or misrepresentation of facts (under INA section 212(a)(6)(C)(i)) can request a waiver through Form I-601. In cases of alien smuggling, an individual may also request a waiver using Form I-601, but only if they assisted a spouse, parent, son, or daughter in entering the United States unlawfully.
Even if significant time has passed since the offense, a waiver may still be required. Receiving a pardon or having a criminal record expunged does not automatically eliminate the need for a waiver. For instance, a pardon from Canada will not affect the U.S. government’s record, and a waiver is still necessary if prior entry into the U.S. has been denied.
The requirements for obtaining a waiver can change without notice, and specific documentation must be submitted, such as:
- Application Form I-192 for temporary waivers
- FD-258 U.S. Fingerprint form (completed by a U.S. CBP agent)
- G-325A Application Form
- Proof of criminal record or absence of one from your home country
- Criminal record from any other country where offenses occurred
- Proof of nationality
- An explanation of the intended activities in the U.S.
- Official court documents for every offense committed worldwide, detailing plea, indictment, conviction, and outcome
Additional documents may be required depending on the grounds for inadmissibility.
Immigration Insights by Heta Thakar, Legal Administrative Manager , WWICS Canada Inc. ((289) 232-2700)