What Is a Waiver of Inadmissibility?
Many people are surprised to learn they can be found inadmissible—that is, effectively banned from entering the United States—for reasons such as a criminal record, misrepresentation, or past immigration or medical issues. A waiver of inadmissibility allows certain applicants to overcome these barriers and still qualify for a visa or green card. Learn how the process works and what factors determine eligibility.
What Is a Waiver of Inadmissibility?
Under U.S. immigration law, some individuals are considered “inadmissible” to the United States. This means they are legally barred from entering the country or from receiving a U.S. visa. Being inadmissible does not necessarily mean you can never travel to or immigrate to the United States, but it does mean you must take additional steps to obtain permission to enter. This process involves applying for a waiver of inadmissibility.
What Does It Mean to Be Inadmissible?
A person may be found inadmissible for a wide range of reasons under the Immigration and Nationality Act (INA). Common grounds include:
- Criminal convictions
- Controlled substance violations
- Misrepresentation or fraud during the visa or immigration process
- Medical or public health issues, such as certain communicable diseases
- Prior immigration violations, including overstays or deportations
Each case is unique, and even a single incident can create a long-term bar to entering the United States. A good example is receiving a police caution in the UK for possession of cannabis. While this is not considered a conviction—or even particularly serious—under UK law, it requires an admission of guilt in lieu of prosecution. For purposes of U.S. immigration law, that admission makes it the equivalent of a conviction and renders the applicant inadmissible for a controlled substance violation.
How Can Inadmissibility Be Overcome?
Whether a person can overcome inadmissibility depends on why they are inadmissible and how they intend to travel—either temporarily or permanently.
212(d)(3) Waiver: Nonimmigrant (Temporary) Travel
If you plan to travel temporarily—such as for business, tourism, or study—you may be eligible for a nonimmigrant waiver. These waivers are discretionary and, if granted, allow temporary entry despite the underlying inadmissibility.
I-601 Waiver: Immigrant (Permanent) Travel
If you are applying to immigrate permanently, you need a permanent waiver of inadmissibility. These waivers are more complex and in most cases, require proving that refusing your admission would cause extreme hardship to certain qualifying U.S. family members, such as a U.S. citizen or lawful permanent resident spouse or parent.
How the Waiver Process Works
A waiver of inadmissibility can only be granted when:
- A waiver exists in the law for your specific ground of inadmissibility;
- You are eligible to apply for that waiver; and
- The waiver is approved by the relevant U.S. immigration authorities.
The process can be time-consuming and requires detailed documentation, legal argument, and supporting evidence.
What Factors Are Considered?
When deciding whether to grant a waiver, U.S. authorities typically weigh:
- The seriousness of the violation or offense
- The time elapsed since the incident
- Evidence of rehabilitation and good moral character
- Hardship to qualifying family members (immigrant waivers only)
- The applicant’s purpose of travel and ties outside the United States
For permanent waivers, the burden of proof is higher, and the case must usually demonstrate that denying admission would cause extreme hardship to an eligible relative.
Why Legal Guidance Matters
Preparing a waiver of inadmissibility application is not a simple administrative step—it is a legal process that requires strategic presentation of facts and law. A well-prepared application can make the difference between approval and denial.
At Barella Global, we represent individuals around the world who are found inadmissible to the United States. Our work includes assessing eligibility, preparing persuasive waiver applications, and guiding clients through both consular and USCIS procedures.
Contact Us
If you’ve been found inadmissible or believe you may need a waiver of inadmissibility, contact Barella Global to schedule a consultation. You can also book directly through our online booking platform, or visit our Waiver of Inadmissibility page for more information. We will evaluate your situation, determine your eligibility for a waiver, and outline a plan to help you move forward.