Waiver
OMMITT provides guidance on a broad range of waivers for individuals facing health, criminal, fraud-related, or immigration-based grounds of inadmissibility. We evaluate eligibility, prepare evidence, and support requests such as nonimmigrant, health-related, fraud, humanitarian, criminal, unlawful-presence, and national-interest waivers. Each case is handled with discretion and a clear strategy to restore eligibility for admission or immigration benefits.
INA §212(d)(3): Nonimmigrant Waiver of Inadmissibility
This discretionary waiver permits certain foreign nationals who are otherwise inadmissible to the United States to seek admission as nonimmigrants, either through a visa application at a U.S. consular post abroad or at a port of entry.
The waiver is broad in scope but not universal. It is unavailable for specific security-related grounds of inadmissibility, including involvement in terrorism, espionage, genocide, Nazi persecution, or matters affecting U.S. foreign policy.
INA §212(a)(1): Waiver of Health-Related Grounds of Inadmissibility
This waiver applies to foreign nationals found inadmissible on health-related grounds, such as having a communicable disease of public health significance, certain physical or mental disorders, or failure to comply with vaccination requirements.
A grant of this waiver may be conditioned upon medical treatment, follow-up, or assurances, depending on the nature of the health condition and the applicant’s circumstances.
INA §212(i): Waiver for Fraud or Misrepresentation
Section 212(i) provides relief for foreign nationals who are inadmissible due to fraud or willful misrepresentation of a material fact in connection with an immigration benefit.
Eligibility requires that the applicant be the spouse or child of a U.S. citizen or lawful permanent resident (LPR) and that refusal of admission would result in extreme hardship to that qualifying relative.
This waiver is discretionary and requires a demonstration of both hardship and favorable equities warranting relief.
INA §237(a)(1)(H): Humanitarian Waiver / Relief from Removal
This waiver forgives certain misrepresentations or fraud made at the time of visa issuance or adjustment of status.
To qualify, the applicant must:
Possess a qualifying family relationship (U.S. citizen or LPR spouse, parent, or child);
Have been in possession of an immigrant visa or equivalent document at the time of admission; and
Have been otherwise admissible at the time of entry, apart from the misrepresentation or fraud.
This waiver is humanitarian in nature and is typically sought as a form of relief from removal.
INA §212(c): Waiver of Deportation Following Criminal Conviction
Section 212(c), prior to its repeal, allowed certain lawful permanent residents to seek a waiver of criminal grounds of inadmissibility or deportability.
Eligibility required that the applicant:
Temporarily departed the United States voluntarily (not under a deportation order);
Maintained a lawful unrelinquished domicile of at least seven consecutive years; and
Had not been convicted of an aggravated felony for which they served a term of imprisonment of five years or more.
Although §212(c) was replaced by cancellation of removal for certain permanent residents as of April 1, 1997, it remains available to individuals who entered guilty pleas prior to April 24, 1996.
INA §212(h): Waiver of Criminal Grounds of Inadmissibility
Section 212(h) provides for a discretionary waiver of certain criminal grounds of inadmissibility, including crimes involving moral turpitude, multiple criminal convictions, and certain controlled substance violations (limited to a single offense of simple possession of 30 grams or less of marijuana).
Eligibility depends on the specific ground of inadmissibility, the date of conviction, and the applicant’s immigration status. Relief generally requires a showing that:
The applicant is rehabilitated, or
The denial of admission would result in extreme hardship to a U.S. citizen or LPR spouse, parent, or child.
The applicant must also demonstrate that they were unaware of their inadmissibility at the time of entry, or could not reasonably have known through due diligence.
Form I-601A: Provisional Unlawful Presence Waiver
The unlawful presence waiver addresses the three- and ten-year bars triggered by prior unlawful presence in the United States:
A three-year bar applies to individuals unlawfully present for more than 180 days but less than one year;
A ten-year bar applies to those unlawfully present for one year or more.
The provisional I-601A waiver allows certain foreign nationals who are spouses or children of U.S. citizens or LPRs to apply for a waiver of unlawful presence before departing the United States for consular processing.
Applicants must demonstrate that denial of admission would cause extreme hardship to their qualifying relative. Notably, there is no qualifying relationship for parents of U.S. citizens or LPRs under this waiver.
For asylees and refugees, unlawful presence may be waived for humanitarian reasons, to ensure family unity, or if deemed in the public interest.
National Interest Waiver (NIW)
The National Interest Waiver (NIW) is a waiver of the job offer and labor certification requirement for individuals applying for permanent residence under the employment-based second preference (EB-2) category.
It is available to individuals with advanced degrees or exceptional ability in the sciences, arts, business, education, or medicine who can demonstrate that their work has substantial merit and national importance.
The applicant must show that waiving the job offer requirement would benefit the United States, and that the proposed endeavor has a significant national impact, such that it is in the national interest to grant the waiver.