A waiver of inadmissibility is available for those applying for a green card who are barred from applying because they have entered the United States illegally and accrued unlawful presence in the U.S.
They are able to apply for the waiver while they are still in the United States, that way, they can find out if their waiver was approved before they travel outside of the country for their green card interview with the assurance that they will not be barred from return because of their unlawful presence in the U.S.
In 2016, those eligible to apply for the waiver was expanded greatly from only immediate relatives of U.S. citizens to anyone eligible for an immigrant visa. For further explanation on who is eligible for a waiver, please consult an attorney. Also, see the charts in Family Petitions under Practice Areas for who is eligible for an immigrant visa.
Other eligibility requirements are that the applicant be:
- at least 17 years of age,
- physically present in the United States at the time of applying,
- otherwise admissible to the United States. In other words, you cannot separately ask for a waiver of any criminal, fraud, or other grounds of inadmissibility, and
- able to prove that, if not granted the waiver, his or her U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship as a result of you being outside the U.S.
If you are in removal / deportation proceedings, your removal proceedings will need to be administratively closed before applying. If you have a removal / deportation order, your proceedings will need to be reopened and then closed. Consult with an attorney for more information.