I-601(A) Waiver for Unlawful Presence
If you have accrued an unlawful presence in the U.S. and are not eligible for adjustment status, you may be hesitant to depart for your consular interview for fear that you would be denied re-entry. Fortunately, the Secretary of the Department of Homeland Security (DHS) has created a new process that allows immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver while still in the U.S. and before departing for their immigrant visa interview abroad.
I-601(A) Eligibility Requirements
Be an immediate relative of a U.S. citizen (spouse, child, parent)
Be the beneficiary of an approved relative petition
Be 17 years or older
Be present in the U.S. at time provisional waiver is filed
Show extreme hardship to a U.S. citizen, spouse, or parent if denied
Cannot be in removal proceedings
212 Waiver of Inadmissibility for Fraud or Misrepresentation
If you willfully misrepresented a material fact on a past immigration application, you can be permanently barred from immigrating to U.S. and becoming a permanent resident unless you qualify for a waiver of fraud and willful misrepresentation.
This waiver is available if you can prove that a U.S. citizen or lawful permanent resident spouse or parent would face extreme hardship if you are denied or removed from the U.S.
Waiver for Criminal Grounds
If you have a criminal history and were denied entry into the U.S. because of that crime, you may be eligible to file for a waiver application.
If you were convicted of any of the following, you can apply for this type of waiver:
A crime involving moral turpitude
A single offense of possession of 30 grams or less of marijuana
Involvement in serious criminal activity where immunity from prosecution was asserted;
Conviction of two or more offenses of any kind with an aggregate sentence imposed of at least 5 years; or
Asserting immunity against prosecution of a serious crime
You must also show that:
At least 15 years have passed since the criminal act and you can prove rehabilitation;
An immediate family member needs you and would suffer extreme hardship if you were denied entry.