To be issued a visa and enter the United States, a foreign national must generally not be ineligible for admission (also known as “inadmissible”). Even after a foreign national has been determined to be ineligible, it may be possible to apply for a waiver (akin to a pardon). The requirements for a waiver depend on the type of ineligibility. Common requirements for waivers include one or more of the following:
- The applicant has a “qualifying relative”
- That relative would suffer extreme hardship if the applicant were denied the visa
- The applicant deserves the waiver as a matter of discretion
Common ineligibilities and corresponding waivers can be divided into the following categories :
| Medical-related grounds | 212(g) |
| Crime-related grounds | 212(h) |
| Security-related grounds covering Communist Party members seeking immigrant visas | Prior J-1 exchange visitors subject to the two-year foreign residence requirement |
| Illegal immigrants and immigration law violators, including fraud or misrepresentation | 214(i) waivers for fraud or misrepresentation |
| Persons previously removed or unlawfully present in the U.S. | I-212 permission to reapply after removal; Waivers of the 3- and 10-year unlawful presence bars |
| Prior J-1 exchange visitors subject to the two-year foreign residence requirement | No objection, hardship, and persecution waivers |
In addition, a 212(d)(3) waiver will waive most ineligibilities in connection with an application for a temporary visa.
For more, read about the grounds of inadmissibility and your options after a consular officer denies your visa application.
Schedule a consultation with an immigration lawyer in Beijing, Shenyang, Shanghai, or Los Angeles; or by phone, Skype, WeChat, or FaceTime. Our goal is to become your trusted legal adviser.
Related articles
New Social Media Question on Visa Application Forms
On May 31, 2019, the U.S. State Department updated its immigrant and nonimmigrant visa application forms to request social media usernames from most immigrant and nonimmigrant visa applicants worldwide ...
Read More
Read More
Students and Exchange Visitors Face Harsh New “Unlawful Presence” Rule from Trump Administration
May 3, 2019 Update: The U.S. District Court for the Middle District of North Carolina today issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days ...
Read More
Read More
Marijuana Use Still Can Lead to Denial of Naturalization
U.S. Citizenship and Immigration Services (USCIS) reminded its officers this week that violation of federal controlled substance law, including for marijuana, is still a basis for denying naturalization. This is true, even if such activity is not unlawful under applicable state or foreign law ...
Read More
Read More
The Proposed Changes to Public Charge: What You Need to Know
Over the weekend, the Trump administration took steps to radically transform a little-known provision of immigration law that could have an outsized impact on legal immigration. In proposed regulations posted on Saturday, the Department of Homeland Security (DHS) indicated that it would redefine the legal term “public charge” to block ...
Read More
Read More
Trump’s Proposed “Public Charge” Rule Intensifies War on Legal Immigrants
On September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule that if implemented as written, would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, simply because at any time in the past, they received some type of ...
Read More
Read More
Congressional Report Raises Concerns: Could Chinese Students and Scholars Association Members Be Denied Green Cards?
A new Congressional report asserts that Chinese Students and Scholars Associations (CSSAs) at U.S. colleges appear to be directly subordinate to and receive political direction from the Chinese Embassy and consulates. This report raises concerns: could the U.S. government deny green cards to CSSA members? ...
Read More
Read More
Supreme Court Upholds Travel Ban 3.0
Today, the Supreme Court upheld the third, reengineered version of President Trump's travel ban by a vote of 5 to 4. Anastasia Tonello, President of the American Immigration Lawyers Association (AILA) issued the following statement: ...
Read More
Read More
More Chinese Student Visa Applicants Will Be Subject to Security-Related Delays
A State Department official has spoken on background to the Associated Press, saying that more Chinese applying for F-1 visas as graduate students in fields related to science and technology will need "special clearance from multiple U.S. agencies" and that such clearances are "expected to take months for each visa ...
Read More
Read More
National Vetting Center Established by Trump Administration
A new National Vetting Center is being established pursuant to National Security Presidential Memorandum 9, signed by President Trump on February 6. The Center will coordinate the way agencies use biographic, biometric, and other data used to vet applicants for visas, admission to the United States, and immigration benefits, and ...
Read More
Read More
Got Tattoos? U.S. Visa Officers Want to Know
An immigrant visa applicant sporting a tattoo may be questioned about it. The presence of tattoos (or evidence of their removal) is noted during the required medical exam. This may lead a consular officer to suspect the applicant has gang affiliations or has abused drugs ...
Read More
Read More
