Immigration Waivers

I-601 Hardship Waiver

When an application for an immigrant visa or marriage visa is denied on the basis of one or more of the grounds of inadmissibility, the applicant may be eligible to apply for a waiver. It must be established that the foreign national's exclusion from the US would impose extreme hardship on the qualifying US citizen or LPR relative.

There is no straightforward definition of the term "extreme hardship." Several court decisions have held that extreme hardship is hardship that is unusual or beyond that which would normally be expected from deportation or visa denial. Establishing extreme hardship is dependent on the facts and circumstances of each individual case. When extreme hardship is established, the applicant must also show that the I-601 waiver should be granted as a matter of discretion. The adjudicator must be persuaded that the favorable factors in the case outweigh the negative factors.

The most common grounds of inadmissibility include unlawful presence, convictions, or medical issues. If the I-601 waiver is approved, the ban on entry is lifted and the visa can be issued.

I-212 Waiver

Foreign nationals who have been deported from the US are subject to a mandatory ban on entry. The duration of the ban can range from 5 to 20 years depending on the ground for removal or deportation. When a person wants to enter the US prior to the expiration of the ban, a I-212 waiver must be obtained.

The following factors are taken into consideration in the adjudication of an I-212 waiver application:

  • the basis for deportation
  • the recency of deportation
  • length of residence in the United States
  • the moral character of the applicant and his or her respect for law and order
  • evidence of reformation and rehabilitation
  • the applicant's family responsibilities
  • any inadmissibility to the United States under other sections of law
  • hardship involved to the applicant and others
  • the need for the applicant's services in the United States

Non-immigrant Waiver of Inadmissibility

In some situations applicants who are denied a visa based on one or more of the inadmissibility grounds may be eligible to request a waiver. Generally, an approved waiver is valid for one application for entry into the United States during the period of the waiver validity. There are occasions when a waiver may be valid for multiple applications for admission for a period of more than one year, but not to exceed ten years.

J-1 Waiver

Exchange visitors who are subject to section 212(e) of the INA must reside in their home country for 2 years before applying for permanent residence or certain work visas. A waiver of the two-year foreign residence requirement may be requested under one of more of the following circumstances:

  • No Objection Statement from the applicant's home country
  • Request by an interested government agency (IGA)
  • Exceptional hardship to a US citizen or LPR spouse or child
  • Fear of persecution in home country

J-1 Waiver for Physicians

Foreign medical graduates who obtained education or training in the US on J-1 visa are subject to the two-year foreign residence requirement. A waiver of this requirement is available for J-1 FMGs who are sponsored by a federal or state Interested Government Agency (IGA). Foreign medical graduates who are J-1 visa holders can seek recommendation from the following government agencies:

  • Appalachian Regional Commission (ARC)
  • Delta Regional Authority (DRA)
  • Department of Veteran Affairs (VA)
  • Department of Health and Human Services (HHS)
  • State Health Departments (Conrad State 30 Program)