Methods for Coming to the United States Legally

Hey everyone, so I decided that I would start a series of posts about how immigrants can come into
this country legally. There is going to be a lot of information given in this series, so I thought I would start this post with a brief overview of the opportunities and visas available. I will then spend the next few weeks, writing separate blog posts diving into and explaining more fully each one of these opportunities and visas. Once again, if you or anyone you know needs this information please forward it and contact me. I am here to help and want to help.

First off, it is important to understand that there are two different categories of visas: Non-Immigrant Visas and Immigrant Visas. Basically, the category depends on if you plan on staying in the United States permanently or just on a temporary basis. However, there is always the opportunity to adjust your status depending on what visas you are applying for. All the information that I will provide in this article comes from here.

NONIMMIGRANT VISAS

Purpose of Travel	Visa	Required: Before Applying for Visa
Athlete, amateur or professional (competing for prize money only)	B-1	N/A
Au Pair (Exchange Visitor)	J	Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Australian Professional Specialty	E-3	The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
Border Crossing Card: Mexico	BCC	N/A
Business Visitor	B-1	N/A
CNMI-Only Transitional Worker	CW-1	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Crewmember	D	N/A
Diplomat or Foreign Government Official	A	N/A
Domestic Employer or Nanny – Must be Accompanying a foreign national employer	B-1	N/A
Employee of a Designated International Organization or NATO	G1-G5, NATO
Exchange Visitor	J	Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Foreign Military Personnel Stationed in the United States	A-2, NATO1-6	N/A
Foreign National with Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics	O	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Free Trade Agreement (FTA) Professional: Chile, Singapore	H-1B1 – Chile H-1B1 - Singapore	The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS.
International Cultural Exchange Visitor	Q	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Intra-Company Transferee	L	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Medical Treatment Visitor	B-2	N/A
Media, Journalist	I	N/A
NAFTA Professional Worker: Mexico, Canada	TN/TD	N/A
Performing Athlete, Artist, Entertainer	P	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Physician	J, H-1B	Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Professor, Scholar, Teacher (Exchange Visitor)	J	Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Religious Worker	R	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Specialty Occupations in Fields Requiring Highly Specialized Knowledge	H-1B	The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. THEN U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Student: Academic, Vocational	F, M	Program approval entered in the Student and Exchange Visitor Information System (SEVIS)
Temporary Agricultural Worker	H-2A	The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. THEN U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Temporary Worker Performing Other Services or Labor of a Temporary or Seasonal Nature	H-2B	The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. THEN U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Tourism, Vacation, Pleasure Visitor	B-2	N/A
Training in a Program Not Primarily for Employment	H-3	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Treaty Trader/Treaty Investor	E	N/A
Transiting the United States	C	N/A
Victim of Criminal Activity	U	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Victim of Human Trafficking	T	U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.)
Nonimmigrant (V) Visa for Spouse and Children of Lawful Permanent Resident (LPR)	V	N/A

IMMIGRANT VISAS

Immediate Relative & Family Sponsored
Spouse of a U.S. Citizen	IR1, CR1
Spouse of a U.S. Citizen Awaiting Approval of an I-130 Immigrant Petition	K-3
Fiancé to marry U.S. Citizen & Live in U.S.	K-1
Intercountry Adoption of Orphan Children by U.S. Citizens	IR3, IH3, IR4, IH4
Certain Family Members of U.S. Citizens	IR2, CR2, IR5, F1, F3, F4
Certain Family Members of Lawful Permanent Residents	F2A, F2B
Employment-Based Immigration
Priority Workers (First Preference)	E1
Professionals Holding Advanced Degrees and Persons of Exceptional Ability (Second Preference)	E2
Professional and Other Workers (Third Preference)	E3, EW3
Certain Special Immigrants (Fourth Preference)	S and others
Employment Creation/Investors (Fifth Preference)	C5, T5, R5, I5
Religious Workers	SD, SR
Iraqi and Afghan Translators/Interpreters	SI
Iraqis Who Worked for/on Behalf of U.S. Government	SQ
Afghans Who Worked for/on Behalf of the U.S. Governement	SQ
Other Immigrants
Diversity Immigrant Visa	DV
Returning Resident	SB

Well there you have it. I know this is a lot of information to process, but I promise I will be taking time the next couple of weeks to explain everything. If you have any preferences on what you want to hear about first, please let me know. Also, if you have any questions or need any help please contact me. I am more than happy to help!

I-601 Waivers

Hey everyone, so in my last post, I mentioned I-601 Waivers, but my last post was running way too
long already, so I figured, I would just create a whole post dedicated to it since it is one of the most commonly used waivers out there. I think after this post, I will have finally covered, at least, all the most commonly asked questions concerning deportability, inadmissibility, and waivers. Which means, I will be tackling a whole new topic starting next week. So, if you have any questions for me, please reach out.

So, the I-601 Waivers, in reality, is the only waiver for those that are considered inadmissible, which I detailed thoroughly in my last post. With that said, the most frequent type of I-601 waiver concerns Extreme Hardship. Basically, this deals with an immigrant who has entered the United States without permission or came to the United States with permission, but overstayed their visa. For those that don't know, for those immigrants who are in the United States illegally that accrued more than 180 days but less than 1 year, they are barred from being re-admitted or re-entering the United States for 3 years. However, if an immigrant has accrued more than one year of unlawful presence, they are barred from being re-admitted or re-entering the United States for 10 years. The I-601 Waiver for unlawful presence creates a scenario, where these immigrants do not have to face either the 3 or 10 year bar.

In order qualify for this waiver, the immigrant must have a qualifying relative who can petition them for this waiver. A qualifying relative, when it comes to unlawful presence, is a United States citizen or permanent resident who is either a spouse or parent of the immigrant. There is a possibility, if the case is strong enough, that USCIS will accept someone else that isn't a parent or spouse, but it is very rare and not something that immigrants should rely on. With that said, the sole focus of this waiver is on the qualifying relative, NOT THE IMMIGRANT!!! That's right, USCIS wants to know how the QUALIFYING RELATIVE will be affected if the immigrant has to return to their home country and face either the 3 or 10 year bar, NOT what will happen to the immigrant. This has to be shown by proving the the QUALIFYING RELATIVE will SUFFER extreme hardship.

For USCIS, Extreme Hardship can be argued in various ways. Here are a few arguments that may be made in order to show that the QUALIFYING RELATIVE will SUFFER extreme hardship (with level 4 being the weakest arguments):

Level 1 arguments: 

1. Relative has a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes Relative unable to move abroad and for which Relative absolutely needs Immigrant in the US to help take care of him/her, 
2. Relative is caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that Relative either MUST live with the relative or Relative MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes Relative unable to move abroad and makes him/her really need Immigrant in the US to help him/her care for his/her relative and manage his/her other responsibilities, or 
3. Immigrant's country is in a state of active war or major political upheaval. 

Level 2 arguments include: 

1. Relative is the primary caregiver for his/her child(ren) from a prior relationship and the child(ren)'s other parent will not allow the children to be taken out of the country AND the child(ren) have formed an emotional attachment to Immigrant 
2. Relative has a serious medical condition that makes it very difficult for Relative to move abroad and Relative needs Immigrant to provide help (e.g. Relative needs to have major surgery sometime in the next year, with an expected recovery time of several months), 
3. Relative is caring for a moderately disabled relative who normally can care for him/herself but occasionally has episodes in which he/she needs a lot of help from Relative and during those times Relative, in turn, needs help from Immigrant, 
4. A relative is unusually financially dependent on Relative (e.g. Relative's mother has just gone through a nasty divorce with Relative's father in which she got nothing and because she has never worked, she doesn't qualify for social security, so Relative is supporting her in the entirety for the rest of her life), 
5. Relative has a child that he/she is about to put through college (note, some offices consider this a stronger argument, some consider it a weaker one), or 
6. Immigrant's country is on the verge of major political unrest or negative political change or the country is known for oppression  one sort or another (e.g. Relative is a Christian woman and Immigrant is from Saudi Arabia), or it is in the infant stages of post-war recovery. 

Level 3 arguments include: 

1. Relative is the non-custodial parent of a child from a prior relationship and has an actual relationship with that child and the child's other parent will not allow Relative to take the child out of the country but Immigrant does not have a relationship with the child at this time, 
2. Relative a significant condition that makes it inconvenient to move out of the country (e.g. severe asthma and Immigrant spouse lives in Mexico City), 
3. Relative been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to Immigrant's immigration problems – note: even thoughts of suicide do not raise this argument to Level 2,
4. Relative and Immigrant have young children together or Relative has full custody of Relative's child and can bring him/her abroad and Immigrant's home country has bad public health conditions and bad public education, 
5. Relative's job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney, medical doctor), 
6. Relative has job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law), 
7. Immigrant's country has a very bad economy, 
8. Relative has a close relative who is partially dependent on Relative financially (e.g. Relative's mom gets social security but needs Relative's extra $500 per month to stay in her present apartment) or physically (e.g. Relative's mother functions well now, but her health has been declining and it is expected she will need more of Relative's help in the near future). 

Level 4 arguments include: 

1. Relative has debts they wouldn't be able to pay if they moved abroad, 
2. Immigrant's country has a high unemployment rate, 
3. Immigrant's country has a high crime rate, 
4. Relative has been despondent due to the situation, but hasn't sought professional help, 
5. Relative's parents are aging. 

With all of these scenarios, the most important thing that must be mentioned no matter what, is how the situation is related to the waiver. If that is not in there, then the entire situation is just another sob story that USCIS has to read and unfortunately won't think twice about.

So what goes into these waivers? 

First, there will be a letter stating what the extreme hardship is along with the I-601 Waiver Application, as well as identification documents to show qualifying relative. Second, there will most likely be a list of expenses that the Immigrant and the Relative have. This will include all bills, food, gas, etc. Along with the list, all bills and receipts from the last 3 -6 months will be included with the application. Third, verification of employment and income will also be included in there, including pays stubs. Fourth, as many letters of recommendation that the person can get detailing how the QUALIFYING RELATIVE will be affected as well as the "Good Moral Character" of the Immigrant. Fifth, if the Immigrant has any degrees or any other accomplishments, that will be included with certificates. Sixth, if the Qualifying Relative has any health issues, there will be notes and other documentation of that. Finally, there will be a section detailing the country conditions of the Immigrant's country of origin. This is basically, to prove that it would be impossible for the QUALIFYING RELATIVE to move to that country with the Immigrant. 

The packet that is sent in to USCIS for review can consist of 25-300+ pages. It all depends on the amount of evidence that you provide and which is necessary. The hardest part about this is figuring out how much evidence is truly necessary. However, as you can tell most lawyers, if you are getting what your paying for, will make multiple different arguments in order to give you your best shot at getting that waiver. 

Well that is about it for the I-601 Waivers. Once again, I know this is a lot of information, so once again, if you have any questions please contact me. If you have any family members that you think would benefit from this, please send them my information. This is such an important waiver and if done right, can benefit an entire family.

Waivers for Inadmissibility

Hey everyone, please find a comprehensive chart listing the grounds of inadmissibility and corresponding immigration waivers available  for applicants applying to be admitted to the United States.  It is provided for general informational purposes only.

The “NIV Waivers” column describes whether non-immigrant waivers, usually the 212(d)(3)(A) non-immigrant waiver, is available for those who wish to enter the U.S. temporarily as a non-immigrant (e.g. as a B-1/B-2 visitor, a F-1 student, a H-1B or TN professional worker, a E-2 Treaty Investor, etc).

The “IV Waivers” column describes whether an immigrant waiver is available for those who wish to permanently reside in the U.S.  Immigrant Waivers are typically applied for through the I-601 / I-601a “Extreme Hardship” or I-212 Waiver Process.

I know this is a crazy long post, but hopefully it is organized enough that you don't need to read everything to find out the information that you need.

ALIENS PREVIOUSLY REMOVED AND UNLAWFULLY PRESENT

Class of Inadmissibility	NIV Waivers	IV Waivers
Aliens Previously Removed (INA 212(a)(9)(A)); (9 FAM 40.91)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212, (Permission to Reapply for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.	No waiver, but DHS may grant permission to reapply for admission to the United States to an alien otherwise inadmissible under this section. (Form I-212, Permission to Reapply). However, such permission to reapply does not remove the grounds which led to the alien’s denial of admission to or removal from the United States. The reason for such denial of admission or removal may lead to another ground of inadmissibility.
Aliens Unlawfully Present (INA 212(a)(9)(B)); (9 FAM 40.92 Notes)	INA 212(d)(3)(A) Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212 (Permission to Reapply) for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.	DHS has sole discretion to grant a 212(a)(9)(B)(v) waiver in the case of an immigrant who is the spouse, son, or daughter of a U.S. citizen or LPR, if refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawful resident spouse or parent of such alien.
Aliens Unlawfully Present After Previous Immigration Violations (INA 212(a)(9)(C)); (9 FAM 40.93 Notes)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	DHS has sole discretion to grant a 212(a)(9)(B)(v) waiver in the case of an immigrant who is the spouse, son, or daughter of a U.S. citizen or LPR, if refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawful resident spouse or parent of such alien.

ILLEGAL ENTRANTS, IMMIGRATION VIOLATORS, AND MISREPRESENTATION

Class of Inadmissibility	NIV Waivers	IV Waivers
Aliens Present Without Admission or Parole (INA 212(a)(6)(A)); (9 FAM 40.61)	This ground does not apply at time of visa application.	This ground does not apply to visa applicants.
Failure to Attend a Removal Proceeding (INA 212(a)(6)(B)); (9 FAM 40.62)	INA 212(d)(3)(A) waiver is available. Inadmissibility applies for 5 years following departure or removal subsequent to removal hearing.	No waivers available. Inadmissibility apples for 5 years following departure or removal subsequent to removal hearing.
Fraud and Misrepresentation (INA 212(a)(6)(C)(i)); (9 FAM 40.63)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	INA 212(i) waivers are available if she or he is the spouse, son, or daughter of a U.S. citizen or of an LPR, but only if the petitioner would suffer extreme hardship if the waiver were not granted; or, if a VAWA self-petitioner, the alien demonstrates extreme hardship to the alien, or the alien’s U.S. Citizen or LPR relative.
Stowaways (INA 212(a)(6)(D)); (9 FAM 40.64) Applies only to aliens seeking admission at a port of entry. You are not to refuse visas under this provision.	This ground does not apply at time of visa application.	This ground does not apply at time of visa application.
Smugglers (Knowingly Assisted) (INA 212(a)(6)(E)); (9 FAM 40.65)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(d)(11) waiver available. DHS may grant a waiver to an applicant for family-based immigration if the alien applicant had aided an individual who at the time of such action was the alien’s spouse, parent, son, or daughter entering or attempting to enter the United States in violation of the law. The brother or sister of a U.S. citizen is not eligible for this waiver. 2. DHS may grant an INA 212 (c) waiver to a LPR who is returning to the United States after a temporary absence abroad; had illegally assisted only his or her spouse, son, or daughter, or parent, and no others; and is otherwise eligible for admission. In this way, DHS avoids penalizing too heavily aliens already admitted to the United States who were not ineligible prior to the 1990 amendments to the law, who would now be inadmissible because of the 1990 amendments, and who had assisted only a close family member’s entry into the United States.
Subject of Civil Penalty or Final Order Under Section 274C (Document Counterfeiting) (INA 212(a)(6)(F)); (9 FAM 40.66 Notes)	INA 212(d)(3)(A)waiver available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	INA 212(d)(12) waiver is available. DHS may grant a waiver to: 1. Certain permanent resident aliens who have been abroad temporarily and are not under order of deportation; or 2. To aliens seeking admission or adjustment of status as immediate relatives or family-based beneficiaries (but for aliens seeking adjustment it must have been committed solely to assist, aid, or support the alien’s spouse or child).
Student Visa Abusers (INA 212(a)(6)(G)); (9 FAM 40.67)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
False Claim of Citizenship (INA 212(a)(6)(C)(ii)); (9 FAM 40.63)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver available.

CRIMINAL AND RELATED GROUNDS

Class of Inadmissibility	NIV Waivers	IV Waivers
Crimes Involving Moral Turpitude (INA 212(a)(2)(A)(i)(I); 9 FAM 40.21(a))	For those who do not fall under the exceptions to inadmissibility listed in 9 FAM 40.21, INA 212(d)(3)(A) waivers are available. Factors in considering whether to recommend a waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available in cases where the alien’s admission to the United States would not be contrary to the national welfare, safety and security of the United States and the applicant has been rehabilitated, and the activities for which the applicant is inadmissible occurred more than 15 years before the date of visa application; or 2. For the spouse, parent, son, or daughter of a U.S. citizen or legal permanent resident (LPR) if, in the opinion of DHS, not granting the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. The alien is a VAWA self-petitioner. No waiver is available if the applicant has been convicted of (or has admitted committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Controlled Substance Violators (INA 212(a)(2)(A)(i)(II)); (9 FAM 40.21(b))	INA 212(d)(3)(A) waiver is available. Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available if the alien’s admission to the United States would not be contrary to the national welfare, safety, or security of the United States; and the alien has been rehabilitated and the inadmissible act occurred more than 15 years before the visa application; or 2. For the spouse, parent, son, or daughter to the U.S. citizen or LPR if, in the opinion of the Secretary of Homeland Security, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. The alien is a VAWA self-petitioner. INA 212(h) is only available if the violation relates to a single offense of simple possession of 30 grams or less of marijuana.
Multiple Criminal Convictions (INA 212(a)(2)(B)); (9 FAM 40.22 Notes)	INA 212(d)(3)(A) waiver is available. Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available if: activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application; the alien’s admission to the United States would not be contrary to the national welfare, safety, or security; and the applicant has been rehabilitated; or 2. For the spouse, parent, son, or daughter to the U.S. citizen or LPR if, in the opinion of the Secretary of Homeland Security, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. If the alien is a VAWA self-petitioner. No waiver is available if the applicant has committed murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Controlled Substance Traffickers and the Spouse, Son, or Daughter of Substance Traffickers Who Obtained Financial or other Benefit and Knew or have Known that the Financial Benefit was the Product of Illicit Activity within the Past Five Years (INA 212(a)(2)(C)); (9 FAM 40.23 Notes)	INA 212(d)(3)(A) waiver is available. Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
Prostitution and Commercialized Vice Within the Past 10 Years of the Date of Application for a Visa, Admission, or Adjustment of Status (INA 212(a)(2)(D); and INA 212(a)(2)(A)(i)(I)) (9 FAM 40.24)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available in cases of prostitution (D)(i)or procuring (D)(ii) if the alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and the alien has been rehabilitated. In cases of other commercialized vice (D)(iii), 212(h) is available if the two conditions above are met, and all relevant criminal acts took place more than 15 years before the date of application; or 2. Available to IV applicants with a close family relationship (spouse, parent, son, or daughter) to a U.S. citizen or LPR, if, in the opinion of DHS, not granting the waiver would result in extreme hardship to the petitioning U.S. citizen or LPR and the alien has been rehabilitated; or 3. The alien is a VAWA self-petitioner.
Certain Aliens Involved in Serious Criminal Activity Who Have Asserted Immunity from Prosecution (INA 212(a)(2)(E)) (9 FAM 40.25)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	1. INA 212(h) waiver is available if the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application, the alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and the alien has been rehabilitated; or 2. For applicants with a close family relationship (spouse, parent, son, or daughter) to a U.S. citizen or LPR, if, in the opinion of DHS, refusing the waiver would result in extreme hardship to the U.S. citizen or LPR; or 3. The alien is a VAWA self-petitioner. Neither waiver is available if the alien has committed murder or criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.
Foreign Government Officials Who Have Committed Particularly Severe Violations of Religious Freedom (INA 212(a)(2)(G)); (9 FAM 40.26)	INA 212(d)(3)(A) waiver is available. Advisory Opinion from VO/L/A is mandatory.	No waiver is available.
Significant Traffickers in Persons and Beneficiaries, Certain Family Members of Trafficker Who Obtained Financial or Other Benefit and Knew or Have Known that the Financial Benefit was the Product of Illicit Activity in Past 5 Years (INA 212(a)(2)(H)); (9 FAM 40.27 Notes)	INA 212(d)(3)(A) waiver is available. Advisory Opinion from VO/L/A is mandatory.	No waiver is available.

DOCUMENTATION REQUIREMENTS

Class of Inadmissibility	NIV Waivers	IV Waivers
No Entry Documents – Immigrants (INA 212(a)(7)(A)); (9 FAM 40.71)	Not applicable.	No waiver is available at time of visa application. However, under INA 212(k), DHS may waive this inadmissibility for an IV holder at the port of entry.
Nonimmigrants Not in Possession of Passport Valid for Six Months of Nonimmigrant Visa or Border Crossing Card (INA 212(a)(7)(B)); (9 FAM 40.72 Notes)	INA 212(d)(4) waiver is available: 1. On the basis of unforeseen emergency in individual cases; or 2. On the basis of reciprocity to nationals of a foreign contiguous territory or of adjacent islands (and residents of those territories or islands having a common nationality with such nationals).	Not applicable.

HEALTH RELATED GROUNDS

Class of Inadmissibility	NIV Waivers	IV Waivers
INA 212(a)(1)(A)(i) – Communicable Disease of Public Health Significance (INA 212(a)(1)(A)(i); (9 FAM 40.11)	INA 212(d)(3)(A) waiver is available.	INA 212(g) waiver is available for: 1. The spouse, unmarried son or daughter, or minor unmarried lawfully adopted child of: a U.S. citizen, an alien who has been issued an immigrant visa, or an alien who has been lawfully admitted for permanent residence; or 2. The parent of a son or daughter who is: a U.S. citizen, a lawfully admitted permanent resident alien, or an alien who has been issued an immigrant visa; or 3. A Violence Against Women Act (VAWA) self-petitioner.
Failure to Submit Proof of Vaccination INA 212(a)(1)(A)(ii) (INA 212(a)(1)(A)(iii); (9 FAM 40.11)	Not Applicable.	1. If alien receives vaccines that are initially missing, a waiver may be approved by the consular officer under a blanket delegation of authority by USCIS. (9 FAM 40.11 N12.5-1; INA 212(g)(2)(A)) 2. If the panel physician determines required vaccinations would be medically inappropriate, a waiver may be approved by the consular officer under a blanket delegation of authority by USCIS. (9 FAM 40.11 N12.5-2; INA 212(g)(2)(B)) 3. If there is a religious or moral objection to vaccination, a waiver may be approved by Department of Homeland Security (DHS). (9 FAM 40.11 N12.5-3 and INA 212(g)(2)(C))
Physical or Mental Disorder and Behavior Associated with the Disorder Which May Pose, or Has Posed a Threat, to Property or Safety, of the Applicant or Others and Which is Likely to Recur (INA 212(a)(1)(A)(iii); 9 FAM 40.11)	212(d)(3)(A) waiver is available, subject to conditions proposed by the Department of Health and Human Services (HHS), such as a requirement that a family member or medical escort accompany the applicant. (9 FAM 40.11 N13)	INA 212(g)(3) waivers are granted at the discretion of DHS in consultation with HHS. Waivers may be subject to conditions proposed by the Department of Health and Human Services, such as the giving of bond or requirement that a family member or medical escort accompany the applicant.
Drug Abuser or Addict, one who has engaged in “non-medical use of a controlled substance.” (INA 212(a)(1)(A)(iv); (9 FAM 40.11 N12)	212(d)(3)(A) waiver available upon recommendation of the consular officer to DHS/USCIS. (9 FAM 40.11 N13.2 and N14)	No waiver is available. However, a “CLASS A” inadmissibility finding by the panel physician may be overcome in the future according to CDC guidelines. (9 FAM 40.11 N13.2)

SECURITY AND RELATED GROUNDS

Class of Inadmissibility	NIV Waivers	IV Waivers
General Prejudicial Activities: Espionage, Sabotage, or Prohibited Export of Sensitive Technology, or Sensitive Information (INA 212(a)(3)(A)); (9 FAM 40.31)	No waiver is available but the inadmissibility applies only to current circumstances. Mandatory Security Advisory Opinion (SAO) required for inadmissibility finding.	No waiver is available but inadmissibility applies only to current circumstances.
Terrorist Activities (INA 212(a)(3)(B)); (9 FAM 40.32)	INA 212(d)(3)(A) waiver is available. SAO to VO/L/C is mandatory.	No waiver is available.
Entry Would Have Potentially Serious Adverse Foreign Policy Consequences (INA 212(a)(3)(C)); (9 FAM 40.33)	No waiver is available but inadmissibility applies to current circumstances. SAO is mandatory for inadmissibility finding.	No waiver is available but inadmissibility applies to current circumstances. SAO mandatory.
Membership or Affiliation with Communist or Other Totalitarian Party, Domestic or Foreign (applies only to immigrants) (INA 212(a)(3)(D)); (9 FAM 40.34)		INA 212(a)(3)(D) waiver available. Also, there are exceptions contained in INA 212(a)(3)(D) relating to past membership and/or involuntary membership.
Participation in Nazi Persecutions or Genocide and Commission of Acts of Torture or Extrajudicial Killings (INA 212(a)(3)(E)); (9 FAM 40.35(a) and 9 FAM 40.35(b))	INA 212(d)(3)(A) waiver is available for acts of torture or extrajudicial killing. SAO mandatory for finding.	No waiver is available.
Associations with Terrorist Organizations (INA 212(a)(3)(F)); (9 FAM 40.36)	INA 212(d)(3)(A) waiver is available. SAO mandatory	No waiver is available.
Recruitment or Use of Child Soldiers (INA 212(a)(3)(G)); (9 FAM 40.38)	INA 212(d)(3)(A) waiver is available. SAO mandatory	No waiver is available.

PUBLIC CHARGE

Class of Inadmissibility	NIV Waivers	IV Waivers
Public Charge (INA 212(a)(4)(A)); (9 FAM 40.41)	The refusal on this ground may be overcome. Typically, refusals are overcome if an applicant presents evidence that convinces the consular officer that the inadmissibility no longer applies.	No waiver is available. Applicants may overcome the finding by presenting evidence to convince you that the inadmissibility no longer applies. While there are provisions for overcoming the inadmissibility by posting a bond with DHS, the applicant is still subject to Affidavit of Support (AOS) and income requirements. Consequently, there are few circumstances in which a bond would be offered as an alternative to the AOS.

LABOR AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS

Class of Inadmissibility	NIV Waivers	IV Waivers
Aliens Entering the United States to Perform Skilled or Unskilled Labor Whose Intended Employment Has Not Been Certified by the Department of Labor or Who is Unqualified for His/Her Certified Employment. (INA 212(a)(5)(A)); (9 FAM 40.51)	Not applicable to NIV.	No waiver is available at time of visa application. However, under INA 212(k), DHS may waive this inadmissibility for an IV holder at the port of entry.
Unqualified Physicians (INA 212(a)(5)(B)); (9 FAM 40.52)	Not applicable to NIV.	No waiver is available.
Uncertified Foreign Health Care Workers (INA 212(a)(5)(C)); (9 FAM 40.53 Notes)	Discretion must be applied on a case-by-case basis; reference 9 FAM 40.53 N3.	No waiver is available, but this can be overcome. See 9 FAM 40.53 N1.

INELIGIBLE FOR CITIZENSHIP

Class of Inadmissibility	NIV Waivers	IV Waivers
Permanently Ineligible for Citizenship (Immigrant Visas) (INA 212(a)(8)(A)); (9 FAM 40.81 Notes)	Not applicable.	No waiver is available. INA 212(c) relief is available for certain returning residents. Advisory Opinion required.
Any Alien Who Departed from or Remained Outside the United States to Avoid Service in the Armed Forces in Time of War or National Emergency (INA 212(A)(8)(B)); (9 FAM 40.82 Notes)	INA 212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available. INA 212(c) relief is available for certain returning residents.

MISCELLANEOUS

Class of Inadmissibility	NIV Waivers	IV Waivers
Practicing Polygamists (INA 212(a)(10)(A)); (9 FAM 40.101)	Not applicable.	No waiver is available. INA 212(c) relief is available for certain returning residents.
Guardian Required to Accompany Helpless Alien (INA 212(a)(10)(B)); (9 FAM 40.102)	Not applicable at time of visa application. This is applied only at the port of entry (POE) by DHS.	Not applicable at time of visa application.
International Child Abduction (INA 212(a)(10)(C)); (9 FAM 40.103 Notes)	212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
Unlawful Voters (INA 212(a)(10)(D)); (9 FAM 40.104 Notes)	212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.
Former Citizens Who Renounced Citizenship to Avoid Taxation (INA 212(a)(10)(E)); (9 FAM 40.105 Notes)	212(d)(3)(A) waiver is available. Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.	No waiver is available.

OTHER INADMISSIBILITIES

Class of Inadmissibility	NIV Waivers	IV Waivers
Educational Visitor Status: Foreign Residence Requirement; Waivers (INA 212(e)); (9 FAM 40.202)	The foreign residence requirement of INA 212(e) may be waived by the Department of Homeland Security (DHS) upon recommendation from CA/VO/L/W.	The foreign residence requirement of INA 212(e) may be waived by the DHS upon recommendation from CA/VO/L/W.
Presumption of Immigrant Status (INA 214(b)); (9 FAM 40.203 Notes)	No waiver is available.	Not Applicable.
Alien Who Knowingly Made a Frivolous Application for Asylum (INA 208(d)(6)); (9 FAM 40.206)	No waiver is available.	No waiver is available.
Aliens Involved in Confiscation of Property of U.S. Nationals (Section 401 of Public Law 104-114); (9 FAM 40.207 Notes)	Where the Secretary of State finds, on a case by case basis, that the entry into the United States of the person who would otherwise be inadmissible under this section is necessary for medical reasons or for purposes of litigation of an action under Title III.	No waiver is available.
Aliens Involved in Confiscation of Property of U.S. Nationals (Section 401 of Public Law 104-114); (9 FAM 40.207 Notes)	Where the Secretary of State finds, on a case by case basis, that the entry into the United States of the person who would otherwise be inadmissible under this section is necessary for medical reasons or for purposes of litigation of an action under Title III.	No waiver is available.
Aliens Involved in Political Killings (Section 616 of Public Law 105-277); (9 FAM 40.208)	No waiver is available.	No waiver is available.
Suspension of Entry or Imposition of Restrictions by President (INA 212(f))	No waiver is available.	No waiver is available.
Visa Overstay (INA 222(g)); (9 FAM 40.68 and 9 FAM 41.101)	No waiver except where extraordinary circumstances are found by the Secretary of State to exist.	Not applicable.
Persons Engaged in Forced Abortions or Sterilization (8 U.S.C. 1182(e))	If the Secretary of State determines that it is important to the national interest of the United States to do so and provides written notification to the appropriate congressional committees containing a justification for the waiver.	Not applicable.
Chinese and Other Nationals Engaged in Coerced Organ or Bodily Tissue Transplantation (8 U.S.C. 1182(f))	If the Secretary of State determines that it is important to the national interest of the United States to do so, and no later than 30 days after the issuance of a visa, the Secretary provides written notification to the appropriate Congressional committee containing a justification for the waiver.	Not applicable.
Persons Credibly Alleged to Have Aided and Abetted Colombian Insurgent and Paramilitary Groups (Section 3205 of Public Law 106-246)	1. If the Secretary of State finds, on a case by case basis, that the entry into the United States of a person who would otherwise be inadmissible under this section is necessary for medical reasons. 2. To permit the prosecution of such person in the United States or when the person has cooperated fully with the investigation of crimes committed by individuals associated with the Revolutionary Armed Forces of Columbia (FARC), the National Liberation Army (ELN), or the United Columbian Self Defense Organization (AUC). 3. The President may waive the limitation if he determines that the waiver is in the national interest.	No waiver is available.

Well, I hope this was beneficial for you. I mentioned the I-601 waiver (Extreme Hardship) above, but with this post being so long, I decided not to go into much detail. I promise that I will touch upon that waiver in another post since it is one of the most commonly used waivers. I hope this post helped and if you have any questions, please reach out. I am happy to help.