Waiver of inadmissibility

Requesting a waiver of inadmissibility can be a lifeline for many people who are found inadmissible to the United States.

In this guide, you’ll find a clear, 2026-up-to-date explanation of which waiver may apply based on your ground of inadmissibility, what requirements are commonly expected, and what mistakes often lead to denials—so you can make the right decisions before you file.

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Need help? Our immigration lawyers in Los Angeles have extensive experience with waivers and waiver cases. We can help you pursue a waiver of inadmissibility in the United States whether you are from Mexico, Venezuela, or another country.

Waiver of inadmissibility options available for the United States in 2026

There are several types of immigration waivers. These waivers can allow inadmissible immigrants to move forward again with an immigration process—for example, how to get a green card—when the law allows an exemption for that specific ground.

Below are the most common ones and the situations where they are typically used.

• I-601A: Provisional waiver for unlawful presence, designed to reduce family separation before the consular interview.
• I-601: Waiver for certain grounds of inadmissibility (not all), depending on the process and immigration history.
• I-212: Permission to reapply for admission after a deportation, removal, or another prior departure that triggered a bar.

I-601 immigration waiver

The I-601 waiver is a request for a waiver for certain grounds of inadmissibility (not for all). It is often used when the case involves issues such as:

• Fraud or willful misrepresentation;
• Certain controlled-substance-related grounds, depending on the facts;
• Prostitution; and
• Missing required vaccinations, in situations where the rules allow it to be resolved.

In practice, the key is usually proving extreme hardship to a qualifying relative (a U.S. citizen or lawful permanent resident) if the waiver is not granted—along with submitting consistent, well-organized evidence.

I-601A immigration waiver

The I-601A is the provisional waiver for certain cases where the main issue is unlawful presence (for example, entering without inspection or overstaying) and the person must leave for a consular interview to continue a residency process.

It is usually filed while the applicant is in the U.S. and, to qualify, there typically must be a qualifying relative:

• A spouse who is a lawful permanent resident or U.S. citizen; or
• A parent who has a Green Card or U.S. citizenship.

I-212 immigration waiver

The I-212 waiver is “permission to reapply for admission” when there is a bar due to a deportation, removal, or another prior departure with immigration consequences. It may come up alongside the 3- or 10-year bars or after a removal order, but the exact analysis depends on your history and the type of departure.

If your situation requires an I-212, the most important thing is not to try to re-enter or move forward “as if nothing happened” without addressing that bar first—because it can make the case worse.

Other common waivers related to INA section 212 (depending on the type of case)

In addition to the I-601, I-601A, and I-212, there are waivers that arise under different provisions of section 212. These are not “subcategories of the I-212.” They are separate waivers that may apply depending on the visa type, the ground of inadmissibility, and the case context.

Section 212(d)(3): Nonimmigrant waiver of inadmissibility

This may allow a waiver in certain cases to enter the U.S. temporarily with a nonimmigrant visa (for example, tourism or temporary work). Still, not all grounds qualify, and the decision is discretionary based on the record.

Section 212(i): Fraud and misrepresentation

This waiver can allow a person to be considered admissible again after fraud/misrepresentation, but it typically requires:

• Being the spouse or child of a U.S. citizen or lawful permanent resident; or
• Proving extreme hardship to the qualifying relative if admission is denied.

Section 212(a)(1): Health-related grounds of inadmissibility

This can apply in certain health-related inadmissibility cases, such as:

• Communicable diseases;
• Certain mental or physical conditions; or
• Issues related to required vaccinations.

Section 212(h): Criminal grounds of inadmissibility

This may help certain foreign nationals obtain or keep a Green Card when there is a criminal conviction that can be waived under this provision. For example:

• Crimes involving moral turpitude;
• Two or more convictions with an aggregate sentence of 5 years or more;
• Prostitution; or
• A single offense of simple possession of 30 grams or less of marijuana.

In practice, three paths are commonly seen under 212(h):

15-year 212(h) waiver

This is based on the event occurring more than 15 years ago, rehabilitation, and showing admission would not pose a risk to national security.

212(h) waiver based on extreme hardship

This requires proving that a qualifying relative would suffer extreme hardship if admission is denied.

212(h) waiver for an abused spouse

This applies in certain cases involving abuse by a U.S. citizen or lawful permanent resident spouse, if the case meets the applicable requirements.

We’ve covered the most common types, but others exist (for example, the I-602 in specific contexts). If your situation involves multiple grounds, it’s important to identify exactly which waiver applies.

How do you request an immigration waiver in 2026?

In practice, the process often looks like this:

1. Identify the correct waiver (for example, I-601, I-601A, or I-212) based on your ground of inadmissibility.
2. Review current USCIS instructions and prepare complete, consistent, and easy-to-verify evidence.
3. File the form and track the case until a decision is issued.
4. If your process is consular, follow the consulate/embassy instructions for the interview and updated documents.

For this process, it is often recommended to submit Form G-1145 to receive electronic notifications about receipt and updates (when applicable).

If your history includes prior departures, prior removals, or multiple grounds, a legal analysis before filing the waiver can help avoid delays and denials.

What’s the difference between the I-601 and I-601A waiver of inadmissibility?

The main difference is which ground they cover and when they are typically used in the process.

• I-601: may cover multiple grounds of inadmissibility, depending on the case and the process.
• I-601A: focuses on unlawful presence and aims to reduce family separation by being decided before the consular interview (if the case is eligible).

Which grounds of inadmissibility can be waived with a waiver of inadmissibility?

Not every ground can be waived. However, these three come up frequently and, in certain cases, may have a waiver path (depending on your history and the type of process):

Unlawful presence in the United States

Unlawful presence can trigger 3- or 10-year bars once you leave the U.S. In eligible scenarios, the I-601A can help address that consequence before the consular interview if there is a qualifying relative and extreme hardship is proven.

Immigration fraud or misrepresentation

People who obtained an immigration benefit through fraud or false statements may be eligible for a waiver, depending on the type of fraud and the law’s family-based requirements.

Important: Falsely claiming U.S. citizenship often carries especially severe consequences and generally does not qualify for common waivers.

Criminal history

Criminal history can block a visa, permanent residence, or admission. In certain cases, a waiver may exist under section 212(h) if the offense fits within what can be waived and the legal standard is met.

In general terms, the case often depends on two pillars:

• A qualifying relative who would suffer extreme hardship if admission is denied; and
• Strong evidence of rehabilitation and time elapsed, when the rule requires it.

What makes a person inadmissible to the U.S.?

A person can be found inadmissible for many reasons. Some of the most common include:

• Criminal history;
• Physical or mental disorders linked to harmful behavior;
• National security concerns;
• Public charge (in specific contexts); and
• Immigration fraud or unlawful presence.

If inadmissibility applies, the government can deny a visa, a Green Card, or admission. That’s why it’s critical to confirm whether a waiver is possible and which one fits your case.

Does a waiver of inadmissibility waive everything?

No. Some violations and grounds do not have a standard waiver or have extremely high barriers. That’s why the right waiver depends on the specific ground, the immigration pathway, and the details of the person’s history.

Key note: Some scenarios, such as unlawful reentry after removal, can trigger the “permanent bar.” In those cases, there is no standard waiver and only very limited legal options may exist.

What does immigration not forgive?

Among the deportable offenses (and other severe bars), you may see issues such as:

• Terrorism;
• Espionage;
• Polygamy;
• Drug trafficking or drug addiction;
• International child abduction;
• Human trafficking;
• Participation in genocide; and
• Threats to U.S. security.

These issues can also block other benefits, including citizenship. You can learn more here: “Criminal bars to citizenship”.

Can you request the waiver while inside the United States?

In many cases, yes, the process can be started from inside the U.S.—but it depends on the type of waiver and the immigration pathway. In certain situations, leaving the country without a strategy can trigger bars and make a Green Card case much harder.

Requirements to request an immigration waiver in the United States

Requirements vary depending on the waiver type. However, these criteria often appear in cases where an I-601 is considered:

• Applying for an immigrant visa outside the U.S., with a consular interview that found inadmissibility.
• Seeking adjustment to lawful permanent resident status (with exceptions depending on the category).
• Applying for Temporary Protected Status (TPS).
• Seeking adjustment under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
• Filing as a VAWA self-petitioner (or as the child of a VAWA self-petitioner), as applicable.
• Seeking adjustment based on T nonimmigrant status.
• Seeking adjustment as a Special Immigrant Juvenile (SIJ) based on an approved I-360.

Note: These criteria are described in general terms for the I-601. The exact requirements depend on the type of waiver, the process, and your history.

What is an immigration waiver letter?

An immigration waiver letter is a document submitted with the application that explains why the inadmissibility issue exists, what positive factors are present, and what evidence supports the waiver request.

It must be specific and supported with documents (not just statements), because a common reason for denial is failing to properly prove extreme hardship or submitting incomplete evidence.

For more information on how to prepare a strong waiver letter in English or Spanish, we recommend contacting us. Our Lluis Law immigration attorneys can guide you through every step of the process.

How much does an immigration waiver cost in 2026?

The cost depends on the type of waiver you are requesting. As of the last update to this article, the most common USCIS filing fees are:

• $1,050 for the I-601, with processing times often around 12 to 18 months or more, depending on USCIS workload;
• $795 for the I-601A, with processing times in many cases exceeding 24 months and sometimes approaching or exceeding 30 months;
• $1,175 for the I-212, with processing times that can also exceed 24 months, depending on the case type and the office handling it.

Fees are paid directly to USCIS following each form’s instructions. In many cases, you can pay electronically (for example, by credit/debit card using Form G-1450) or through other USCIS-accepted methods.

Because filing fees and payment methods can change, it’s essential to review the most recent USCIS instructions before filing and, if possible, consult an immigration attorney to confirm the current amounts.

Mistakes to avoid before requesting a waiver of inadmissibility

Before requesting a U.S. immigration waiver, keep these common mistakes in mind—because they often cause delays or denials:

Not meeting the requirements for the process

A common mistake is starting the process without confirming whether a qualifying relative exists when the law requires one. Without that requirement, the case can be blocked from the start.

Being the parent of a U.S. citizen or lawful permanent resident does not automatically mean you qualify for a waiver.

Leaving the United States when it is not necessary

Many immigrants believe they “have to leave to fix it.” That mistake can trigger 3- or 10-year bars when unlawful presence has already been accrued.

This can happen, for example:

• If unlawful presence was accrued (for example, more than 6 months) and the person then leaves the country; or
• If the departure happens after a long period without status, triggering the consequence upon exit.

What’s the confusion?

The confusion often happens because many people must legalize status through consular processing. But if unlawful presence exists, an unplanned departure can trigger bars and complicate a Green Card case.

By contrast, adjustment of status can sometimes allow you to complete the process without leaving, although it depends on the immigration path and your history. That’s why it’s important to evaluate the correct path before making any moves.

Not proving extreme hardship

“Extreme hardship” focuses on the qualifying relative (the U.S. citizen or lawful permanent resident), not only the immigrant. A typical weakness is making arguments without verifiable proof.

When evaluating extreme hardship, factors that are often considered include:

• Real financial impact (income, housing, health insurance);
• The qualifying relative’s physical or mental health;
• Disruption of schooling for minors or dependents;
• Support networks and caregiving in the U.S.; and
• Access to treatment or difficult conditions in the home country.

Thinking the 3- and 10-year bars are permanent

The 3- and 10-year bars are not permanent. They are time-limited consequences that prevent entry for the stated period, although other barriers may exist if there are additional violations.

If someone tries to re-enter after a removal order or after triggering bars without properly handling the case, it can worsen their history. You can learn more here: “Illegal reentry after deportation”.

Assuming you always qualify for a provisional waiver

Some people believe they can always file a “provisional waiver” from inside the U.S. simply because they are undocumented and have family. In reality, the path depends on the process and the person’s history. In consular cases, there is usually an order: first the waiver (if eligible), then the interview.

1. The applicable waiver is prepared and filed (if the case is eligible).
2. Consular processing continues to complete the interview and the underlying application.

If you want to learn how to legally enter the United States, we invite you to read our article or contact us.

What happens after the waiver is approved?

After a waiver is approved, the next step is usually to continue the main process (for example, consular processing) by following the official instructions for the case.

In many cases, the applicant will receive instructions to schedule the interview and submit updated documentation, depending on the country and the type of process.

What can I do if I don’t receive a response on my waiver of inadmissibility request?

If you do not receive information within a reasonable time, it is recommended to check the case status and, if appropriate, contact the consulate or review official channels depending on the type of process.

Sometimes they may request updated documents (medical exam or biometrics) and consular forms such as the DS-260 and Form I-864.

Frequently Asked Questions About a Waiver of Inadmissibility

What happens if my immigration waiver is denied?

A denial does not always mean the process is over. USCIS typically explains the main reason, which may allow you to:

• Refile the waiver, if the law allows it, correcting or expanding the evidence.
• File a motion to reopen or reconsider.
• Strengthen the proof of extreme hardship, rehabilitation, or family ties.

Many denials are due to insufficient evidence or inconsistencies—not necessarily because the person does not qualify.

Which immigration waiver is used for a tourist visa?

For a tourist visa for the United States, there is no “one waiver” that automatically applies. The analysis depends on the ground of inadmissibility and the immigration objective.

The I-601A may come up when someone entered with a visa and later accrued unlawful presence, but not every case fits and it must be evaluated carefully.

How long does it take to get a waiver of inadmissibility?

Processing time varies depending on the waiver type, the office handling the case, and the complexity of the matter. In practice, some waivers can take many months and others can exceed 24 months, so it is always best to check the most current official processing times.

Note: You can verify current processing times on the USCIS processing times page.

When do you need an immigration waiver?

Generally, a waiver is required when, during a visa or Green Card process, the authorities determine a ground of inadmissibility that prevents the case from moving forward.

If a waiver applies and is approved, the case can continue; if not, the visa or Green Card may be denied.

What does “discretionary” mean in a waiver of inadmissibility case?

Discretion is an officer’s authority to weigh positive and negative factors when the law allows it. It does not mean “everything is discretionary.” If other unresolved violations exist, a waiver does not guarantee admission.

Immigration lawyers in Los Angeles, California to request a waiver of inadmissibility

If you are about to request a U.S. immigration waiver—or believe you may qualify for a waiver—working with an immigration attorney can make the difference between a strong case and one that is vulnerable to mistakes.

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The attorneys at Lluis Law have more than 60 years of combined experience handling these cases.

We hope this guide is helpful, and we invite you to contact us if you would like to request our legal services.