Immigration Waivers

Many people who qualify for a green card or visa on paper are blocked by a ground of inadmissibility: past unlawful presence, a criminal record, a misstatement on an old application, or a prior removal. A waiver asks the government to forgive that problem. Waivers are discretionary and evidence-heavy, and the type of waiver, who files it and when all matter. Our office helps families in Atlanta, Norcross and across Georgia identify the waiver that fits and build the hardship case behind it.

The most common waivers

Unlawful presence: the three- and ten-year bars

Under INA 212(a)(9)(B), a person who was unlawfully present in the United States for more than 180 days but less than one year, and then leaves, is barred from returning for three years. One year or more of unlawful presence followed by departure triggers a ten-year bar. These bars are often triggered when someone leaves for an immigrant visa interview abroad. A waiver under INA 212(a)(9)(B)(v) requires showing extreme hardship to a U.S. citizen or permanent resident spouse or parent. Hardship to the applicant or to children alone does not qualify.

The provisional waiver (Form I-601A)

The provisional waiver lets certain immigrant visa applicants ask USCIS to waive the unlawful presence bar before they leave the United States. That way the family knows the result before the person departs for the consular interview. It covers only unlawful presence. If any other ground of inadmissibility applies, the consulate can still refuse the visa. Applicants with a prior removal order generally need an approved Form I-212 first. People in removal proceedings generally need their case administratively closed before USCIS can approve the I-601A.

Criminal grounds: INA 212(h)

A 212(h) waiver can forgive crimes involving moral turpitude, multiple convictions, prostitution and a single offense of simple possession of 30 grams or less of marijuana. Most applicants must show extreme hardship to a U.S. citizen or permanent resident spouse, parent, son or daughter. Some can qualify instead if the conduct was more than 15 years ago and they are rehabilitated. Waivers for violent or dangerous crimes require exceptional and extremely unusual hardship. Permanent residents who committed certain crimes after admission face added limits. Most other drug offenses cannot be waived.

Fraud or misrepresentation: INA 212(i)

A person who used fraud or willful misrepresentation of a material fact to obtain a visa, admission or another immigration benefit is permanently inadmissible. A 212(i) waiver requires extreme hardship to a U.S. citizen or permanent resident spouse or parent. A false claim to U.S. citizenship generally cannot be waived, with narrow exceptions. Whether a statement was “willful” and “material” is often worth contesting before you assume a waiver is needed.

Permission to reapply after removal (Form I-212)

A person who was removed, or who left while a removal order was in place, is barred from returning for a set period, often five, ten or twenty years. Form I-212 asks for permission to reapply before that period ends. It is often filed with or before an I-601 or I-601A.

The permanent bar

Under INA 212(a)(9)(C), a person who was unlawfully present for more than one year in total, or was ordered removed, and then entered or tried to enter without inspection, is permanently barred. Generally, they can apply for permission to return only after spending ten years outside the United States. VAWA self-petitioners have limited exceptions. This bar surprises many families, so we check entry history closely.

Nonimmigrant waivers: INA 212(d)(3)

Most grounds of inadmissibility can be waived for temporary visits. The consular officer recommends the waiver and Customs and Border Protection decides it. No qualifying relative is required. The officer weighs the risk of harm, the seriousness of the past problem and the reason for the trip.

What “extreme hardship” means

Extreme hardship means hardship beyond the normal disruption of separation or relocation. USCIS considers all factors together, including:

• Serious medical or mental health conditions and access to care in the other country
• Financial impact, such as loss of income, debts, a mortgage or a business
• Family ties in the United States, including caring for elderly parents or children with special needs
• Country conditions abroad, such as violence, State Department travel warnings or lack of services
• Education and career disruption for the qualifying relative
• Length of residence and community ties

The strongest cases show hardship both if the qualifying relative moves abroad and if they stay in the United States without the applicant. Generic statements rarely succeed. Documents do: medical records, tax returns, bills, letters from doctors and employers, and country reports.

Discretion

Even when hardship is proven, the officer must decide that you deserve the waiver. Favorable factors include family ties, work history, rehabilitation and community involvement. Negative factors include the seriousness and frequency of violations. Since August 2025, USCIS has updated its guidance on discretionary factors, so expect positive and negative history to be weighed closely.

Timing and sequence

• File Form I-601A after the immigrant visa petition is approved and the State Department fee is paid, but before the consular interview.
• File Form I-601 for other grounds either with an adjustment application in the United States or after a consular officer finds you inadmissible.
• If a removal order exists, the I-212 often must be resolved first.
• Do not leave the United States to start a waiver process until you know which bars apply. The wrong order can turn a three-year problem into a permanent one.

Hypothetical: A father in Gwinnett County entered without inspection 12 years ago and is married to a U.S. citizen whose mother has kidney disease and depends on his help. He cannot adjust status here, and leaving would trigger the ten-year bar. After his wife’s I-130 is approved and the visa fee is paid, he files Form I-601A. The waiver shows the hardship his wife would face caring for her mother alone and the risks if she moved with him. Only after the waiver is approved does he travel for his consular interview.

Read the USCIS Form I-601A page. You can also learn about our immigrant visa services and our removal defense services.

This page reflects USCIS guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for an immigration waiver lawyer in Atlanta, our office can review your full immigration and criminal history, identify which grounds apply and which can be waived, plan the order of filings, gather hardship evidence and write the legal argument, and prepare you for the consular or USCIS interview.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.