Waivers / Inadmissibility

  • If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.

    If the U.S. immigration authorities find you to be “inadmissible,” you can be refused a U.S. green card.  However, waivers of inadmissibility are available to certain foreign nationals. A waiver means that you ask the U.S. government to overlook or forgive the ground of inadmissibility and grant the green card (lawful permanent residence) despite it.

    Section 212 of the Immigration and Nationality Act (I.N.A.) states which grounds of inadmissibility allow for waiver applications. Some of the more common grounds of inadmissibility allowing for a waiver application are discussed below.

    Waiver of Unlawful Presence in the U.S.:

    Unlawful presence may be the most common ground of inadmissibility for which waiver applications are filed, on behalf of applicants who will be attending their final immigrant visa/green card interview at a U.S. consulate. If you accumulated unlawful presence in the United States and are subject to the three-year or ten-year bar upon departure and attempted reentry, you may be qualified to file a waiver application if you have a U.S. citizen or lawful permanent resident spouse, fiancé, or parent who will experience “extreme” hardship if you are denied admission. You cannot apply for this waiver on the basis of having a U.S. citizen or lawful permanent resident child.


    Extreme hardship, mitigating factors, and aggravating factors for a waiver application under this ground of inadmissibility are the same as for unlawful presence.  We can help assist with determining the best route.

    How we can help you:

    At the Law Office of Moona Shakil, an experienced senior attorney would help preparing your Waiver Application.  Our immigration attorney would consult with you to discuss your options.  Our mission is to provide prompt, high quality legal services to benefit the lives of our clients. We handle almost all types of immigration visas, and our attorneys understand that communication is a key to success. You need confidence that your lawyer understands your problem and is working with you to achieve results. Call us to find out how we provide superior service to our clients.


    Disclaimer: The information provided on this website is for informational purposes only and is not intended to be relied upon as legal advice. The use of the information on this website creates no attorney client relationship between the user and the Law Office of Moona Shakil, PLLC or its attorneys. There is no substitute for a face to face consultation with a lawyer. If you have legal questions, you must contact an experienced attorney immediately.

    Email or call us for a consultation 703.920.9500