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Grounds of Inadmissibility to the US Chart
Practical Law Checklist 9-517-5962 (Approx. 37 pages)
Grounds of Inadmissibility to the US Chart
by Practical Law Labor & Employment
| Maintained • USA (National/Federal) |
This Chart outlines the inadmissibility grounds to the US, barring US visa issuance or admission. This Chart also includes the available waivers to overcome the grounds of inadmissibility for both nonimmigrant and immigrant visa issuance or admission under the Immigration and Nationality Act (INA).
Grounds of Inadmissibility
US immigration law includes a comprehensive list of grounds that bar a foreign national from obtaining a visa or from lawful admission to the US (INA § 212(a) (8 U.S.C. § 1182(a))). The list describes the health, criminal, national security, or policy-based characteristics that the US government uses to determine foreign national admissibility. Most of the inadmissibility grounds also include exceptions or waivers under which an applicant may still qualify for a visa or admission to the US.
These tables identify the grounds of inadmissibility and the specific characteristics of each that will bar visa issuance or admission to the US. Available waivers vary depending on whether the traveler is requesting a nonimmigrant visa (NIV) (for temporary admission) or immigrant visa (IV) (for admission as a lawful permanent resident or green card holder).
Health-Related Grounds: INA § 212(a)(1) (8 U.S.C. § 1182(a)(1))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Having a communicable disease of public health significance (INA § 212(a)(1)(A)(i) (8 U.S.C. § 1182(a)(1)(A)(i))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at the Department of Homeland Security's (DHS) discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
(9 F.A.M. § 305.4-3(C); see also 9 F.A.M. § 302.2-5(D)(2).) | A discretionary waiver may be granted to a foreign national who satisfies one of the following:
(INA § 212(g)(1) (8 U.S.C. § 1182(g)(1)); see also 9 F.A.M. § 302.2-5(D)(1).) |
Lacking a vaccination record against specified vaccine-preventable diseases (INA § 212(a)(1)(A)(ii) (8 U.S.C. § 1182(a)(1)(A)(ii))). | Does not apply to adopted children under the age of ten seeking an immigrant visa as an immediate relative if the parent signs an affidavit confirming they are aware of the requirement and will obtain the vaccinations within 30 days of admission or as soon as medically appropriate (INA § 212(a)(1)(C) (8 U.S.C. § 1182(a)(1)(C))). | Not applicable. | A discretionary waiver may be granted to a foreign national who satisfies one of the following:
(INA § 212(g)(2) (8 U.S.C. § 1182(g)(2)); see also 9 F.A.M. § 302.2-6(D)(1).) |
Having a physical or mental disorder that poses a threat to the property, safety, or welfare of themselves or others, or have had a physical or mental disorder that is likely to recur (INA § 212(a)(1)(A)(iii) (8 U.S.C. § 1182(a)(1)(A)(iii))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
(9 F.A.M. § 305.4-3(C); see also 9 F.A.M. § 302.2-7(D)(2).) Additional conditions may be placed on the foreign national by the Department of Health and Human Services (HHS) (INA § 212(g)(3) (8 U.S.C. § 1182(g)(3))). | A discretionary waiver may be granted after consultation with the HHS (INA § 212(g)(3) (8 U.S.C. § 1182(g)(3)); see also 9 F.A.M. § 302.2-7(D)). |
Being a current drug abuser or addict (INA § 212(a)(1)(A)(iv) (8 U.S.C. § 1182(a)(1)(A)(iv))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
(9 F.A.M. § 305.4-3(C); see also 9 F.A.M. § 302.2-8(D)(2).) | None. |
Criminal and Related Grounds: INA § 212(a)(2) (8 U.S.C. § 1182(a)(2))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Having been convicted of a crime involving moral turpitude (INA § 212(a)(2)(A)(i)(I) (8 U.S.C. § 1182(a)(2)(A)(i)(I))). | Does not apply to a foreign national who committed only one crime if either:
| The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| A discretionary waiver may be granted if both:
No waiver may be granted to a foreign national who has:
(INA § 212(h) (8 U.S.C. § 1182(h)); see also 9 F.A.M. § 302.3-2(D)(1).) |
Having been convicted of a crime relating to a controlled substance (INA § 212(a)(2)(A)(i)(II) (8 U.S.C. § 1182(a)(2)(A)(i)(II))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| A discretionary waiver may be granted for a crime that relates to a single offense of simple possession of 30 grams or less of marijuana if both:
No waiver may be granted to a foreign national who has:
(INA § 212(h) (8 U.S.C. § 1182(h)); see also 9 F.A.M. § 302.4-2(D)(1).) |
Having been convicted of two or more offenses if the aggregate confinement sentences imposed are five years or more (INA § 212(a)(2)(B) (8 U.S.C. § 1182(a)(2)(B))). | Does not apply to purely political offenses. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| A discretionary waiver may be granted if both:
No waiver may be granted to a foreign national who has:
(INA § 212(h) (8 U.S.C. § 1182(h)); see also 9 F.A.M. § 302.3-4(D)(1).) |
Being an illicit trafficker of controlled substances or chemicals, or a close relative who has knowingly gained a financial benefit from the trafficking (INA § 212(a)(2)(C) (8 U.S.C. § 1182(a)(2)(C))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| None. |
Coming to the US to engage in prostitution or other form of commercialized vice, or engaged in prostitution or gained a financial benefit from prostitution in the ten years before the application for a visa or admission (INA § 212(a)(2)(D) (8 U.S.C. § 1182(a)(2)(D))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| A discretionary waiver may be granted if both:
No waiver may be granted to a foreign national who has:
(INA § 212(h) (8 U.S.C. § 1182(h)); see also 9 F.A.M. § 302.3-6(D)(1).) |
Having committed a serious criminal offense for which they claimed immunity and departed the US (INA § 212(a)(2)(E) (8 U.S.C. § 1182(a)(2)(E))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| A discretionary waiver may be granted if both:
No waiver may be granted to a foreign national who has:
(INA § 212(h) (8 U.S.C. § 1182(h)); see also 9 F.A.M. § 302.3-7(D)(1).) |
As a foreign government official, having carried out or being responsible for severe religious freedom violations (INA § 212(a)(2)(G) (8 U.S.C. § 1182(a)(2)(G))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) | None. |
Being a human trafficker, or a close relative who has knowingly gained a financial benefit from the trafficking (INA § 212(a)(2)(H) (8 U.S.C. § 1182(a)(2)(H))). | Does not apply to sons and daughters who were children when they gained the benefit (INA § 212(a)(2)(H)(iii) (8 U.S.C. § 1182(a)(2)(H)(iii))). A child is an unmarried person under 21 who satisfies certain requirements regarding parentage (INA § 101(b)(1) (8 U.S.C. § 1101(b)(1))). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| None. |
Being a money launderer (INA § 212(a)(2)(I) (8 U.S.C. § 1182(a)(2)(I))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) Factors considered in recommending the waiver include:
| None. |
Security and Related Grounds: INA § 212(a)(3) (8 U.S.C. § 1182(a)(3))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Coming to the US to engage in one of the following:
(INA § 212(a)(3)(A) (8 U.S.C. § 1182(a)(3)(A)).) | None. | None. | None. |
Having engaged in or being likely to engage in a terrorist activity (INA § 212(a)(3)(B)(i)(I), (II) (8 U.S.C. § 1182(a)(3)(B)(i)(I), (II))). | None. Exemptions may apply (see 9 F.A.M. § 302.6-2(B)(5)). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-2(D)(2).) | None. |
Indicating an intent to cause death or serious bodily harm or incite terrorism (INA § 212(a)(3)(B)(i)(III) (8 U.S.C. § 1182(a)(3)(B)(i)(III))). | None. Exemptions may apply (see 9 F.A.M. § 302.6-2(B)(5)). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-2(D)(2).) | None. |
Being a representative of, member of, or individual associated with a terrorist organization or group espousing terrorism (INA § 212(a)(3)(B)(i)(IV), (V), and (VI) (8 U.S.C. § 1182(a)(3)(B)(i)(IV), (V), and (VI))). | None. Exemptions may apply (see 9 F.A.M. § 302.6-2(B)(5)). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-2(D)(2).) | None. |
Endorsing or persuading others to endorse terrorist activity or support a terrorist organization (INA § 212(a)(3)(B)(i)(VII) (8 U.S.C. § 1182(a)(3)(B)(i)(VII))). | None. Exemptions may apply (see 9 F.A.M. § 302.6-2(B)(5)). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-2(D)(2).) | None. |
Receiving military-type training from or for a terrorist organization (INA § 212(a)(3)(B)(i)(VIII) (8 U.S.C. § 1182(a)(3)(B)(i)(VIII))). | None. Exemptions may apply (see 9 F.A.M. § 302.6-2(B)(5)). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-2(D)(2).) | None. |
Being the spouse or child of anyone found inadmissible in the prior five years under INA § 212(a)(3)(B) (8 U.S.C. § 1182(a)(3)(B)) (INA § 212(a)(3)(B)(i)(IX) (8 U.S.C. § 1182(a)(3)(B)(i)(IX))). | Does not apply if the spouse or child either:
(INA § 212(a)(3)(B)(ii) (8 U.S.C. § 1182(a)(3)(B)(ii)).) | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-2(D)(2).) | None. |
Being someone who may have potentially serious adverse effects on US foreign policy (INA § 212(a)(3)(C)(i) (8 U.S.C. § 1182(a)(3)(C)(i))). | Does not apply to certain government officials or candidates or private individuals for statements, beliefs, or associations that would be lawful in the US (INA § 212(a)(3)(C)(ii), (iii) (8 U.S.C. § 1182(a)(3)(C)(ii), (iii))). | None. | None. |
Being a current or prior member or affiliate of the Communist or other totalitarian party (INA § 212(a)(3)(D)(i) (8 U.S.C. § 1182(a)(3)(D)(i))). | Does not apply to certain situations of:
| Not applicable. | A waiver may be granted for immigrants who have close family members who are US citizens or LPRs (INA § 212(a)(3)(D)(iv) (8 U.S.C. § 1182(a)(3)(D)(iv)); see also 9 F.A.M. § 302.5-6(D)(1)). |
Having directed or engaged in Nazi persecution, genocide, or an act of torture or extrajudicial killing between March 23, 1933 and May 8, 1945 (INA § 212(a)(3)(E) (8 U.S.C. § 1182(a)(3)(E))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. In this category, it is available only for persons who directed or engaged in an act of torture or extrajudicial killing. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) | None. |
Being a current or past associate of a terrorist organization intending to enter the US to engage in activities that may endanger the welfare, safety, or security of the US (INA § 212(a)(3)(F) (8 U.S.C. § 1182(a)(3)(F))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.6-3(D)(2).) | None. |
Having recruited or used child soldiers (INA § 212(a)(3)(G) (8 U.S.C. § 1182(a)(3)(G))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.7-3(D)(2).) | None. |
Public Charge Ground: INA § 212(a)(4) (8 U.S.C. § 1182(a)(4))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Being likely to become a public charge (someone primarily dependent on the government for subsistence) (INA § 212(a)(4) (8 U.S.C. § 1182(a)(4))). For information on how this ground is applied, see Practice Note, Assessing A Foreign National's Financial Solvency: The Public Charge Ground of Inadmissibility: Legacy Guidance Interpreting Public Charge Ground. | Does not apply to certain classes of intending immigrants (people intending to become immigrants or green card holders) including those whose visa applications are backed by affidavits of support under INA § 213A (8 U.S.C. § 1183a) (INA § 212(a)(4)(C), (D) (8 U.S.C. § 1182(a)(4)(C), (D))). Certain other nonimmigrants and immigrants are exempt from this section (INA § 212(a)(4)(E) (8 U.S.C. § 1182(a)(4)(E)); see also 9 F.A.M. § 302.8-2(B)(6)). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) However, NIV waivers on this ground are unlikely and many applicants who are ineligible under this section are likely ineligible under INA § 214(b) (8 U.S.C. § 1184(b)), which cannot be waived (9 F.A.M. § 302.8-2(E)(2)). | None. |
Labor Certification and Employment Skills Grounds: INA § 212(a)(5) (8 U.S.C. § 1182(a)(5))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Seeking to perform skilled or unskilled labor without obtaining a labor certification (INA § 212(a)(5)(A) (8 U.S.C. § 1182(a)(5)(A)). | This admissibility ground applies only to employment-based immigrant sponsorship under INA § 203(b)(2), (3) (8 U.S.C. § 1153(b)(2), (3)) (INA § 212(a)(5)(D) (8 U.S.C. § 1182(a)(5)(D))). | Not applicable. | |
Being a graduate of an accredited medical school seeking employment as a medical professional without passing scores in medical and language proficiency examinations. | None. | Not applicable. | None. |
Seeking employment as a health care worker (other than a physician) without a certificate from the appropriate credentialing organization about the worker's skills, language proficiency, and licensing. | None. | Discretionary waiver available on a case-by-case basis (9 F.A.M. § 302.1-7(D)(2)). | None. |
Illegal Entrant and Immigration Violator Grounds: INA § 212(a)(6) (8 U.S.C. § 1182(a)(6))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Being present without being lawfully admitted or paroled to the US (INA § 212(a)(6)(A)(i) (8 U.S.C. § 1182(a)(6)(A)(i))). | Does not apply to certain battered women and children under VAWA (INA § 212(a)(6)(A)(ii) (8 U.S.C. § 1182(a)(6)(A)(ii))). | Not applicable. | None. |
Skipping a scheduled removal hearing without reasonable cause (INA § 212(a)(6)(B) (8 U.S.C. § 1182(a)(6)(B))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.9-3(D)(2).) | None. |
Fraudulently or willfully misrepresenting a material fact in seeking a visa, status, or other immigration benefit (INA § 212(a)(6)(C)(i) (8 U.S.C. § 1182(a)(6)(C)(i))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.9-4(D)(2).) | A discretionary waiver may be granted if both:
A VAWA self-petitioner must show that inadmissibility would cause extreme hardship to either:
(INA § 212(i) (8 U.S.C. § 1182(i)); see also 9 F.A.M. § 302.9-4(D)(1).) |
Falsely claiming US citizenship (INA § 212(a)(6)(C)(ii) (8 U.S.C. § 1182(a)(6)(C)(ii))). | Does not apply if the individual:
(INA § 212(a)(6)(C)(iii) (8 U.S.C. § 1182(a)(6)(C)(iii)).) | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.9-5(D)(2).) | None. |
Being a stowaway (INA § 212(a)(6)(D) (8 U.S.C. § 1182(a)(6)(D))). | None. | Not applicable. | None. |
Encouraging, inducing, assisting, abetting, or aiding any other foreign national to illegally enter or try to enter the US (INA § 212(a)(6)(E)(i) (8 U.S.C. § 1182(a)(6)(E)(i))). | Does not apply in certain instances of family reunification (INA § 212(a)(6)(E)(ii) (8 U.S.C. § 1182(a)(6)(E)(ii))). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.9-7(D)(2).) | This waiver is available to an LPR who:
The waiver may be granted at DHS's discretion:
(INA § 212(d)(11) (8 U.S.C. § 1182(d)(11)); see also 9 F.A.M. § 302.9-7(D)(1).) |
Being subject to a final civil penalty order for a document fraud violation under INA § 274C (8 U.S.C. § 1324c) (INA § 212(a)(6)(F)(i) (8 U.S.C. § 1182(a)(6)(F)(i))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see 9 F.A.M. § 302.9-8(D)(2).) | This waiver is available to an LPR who:
The waiver may be granted at DHS's discretion:
(INA § 212(d)(12) (8 U.S.C. § 1182(d)(12)); see 9 F.A.M. § 302.9-8(D)(1).) |
Requesting readmission to the US before five years of living continuously outside of the US after violating a term or condition of a student visa (INA § 212(a)(6)(G) (8 U.S.C. § 1182(a)(6)(G))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.9-9(D)(2).) | None. |
Required Document Grounds: INA § 212(a)(7) (8 U.S.C. § 1182(a)(7))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Lacking acceptable documents for admission to the US as an immigrant (INA § 212(a)(7)(A)(i) (8 U.S.C. § 1182(a)(7)(A)(i))). | None. | Not applicable. | A discretionary waiver may be granted to admit an otherwise inadmissible foreign national with an immigrant visa if the ground of inadmissibility was not known to, and could not have been determined by reasonable diligence by, the immigrant before leaving the foreign location for entry to the US (INA § 212(k) (8 U.S.C. § 1182(k)); see also 9 F.A.M. § 302.1-3(D)(1)). |
Lacking acceptable documents for admission to the US as a nonimmigrant (INA § 212(a)(7)(B)(i) (8 U.S.C. § 1182(a)(7)(B)(i))). | None. | This ground of inadmissibility may be waived by a joint decision of DHS and the US Secretary of State for one of the following reasons:
Nonimmigrant visa requirements are also waived for entrants under visa waiver programs generally and for Guam and the Northern Mariana Islands specifically (INA § 217 (8 U.S.C. § 1187) and INA § 212(l) (8 U.S.C. § 1182(l)); see also 9 F.A.M. § 302.1-4(D)(2)). | Not applicable. |
Citizenship Ineligibility Grounds: INA § 212(a)(8) (8 U.S.C. § 1182(a)(8))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Being permanently ineligible for citizenship under INA §§ 314 and 315 (8 U.S.C. §§ 1425 and 1426) (INA § 212(a)(8)(A) (8 U.S.C. § 1182(a)(8)(A))). | None. | None. | None. |
Being a draft evader (INA § 212(a)(8)(B) (8 U.S.C. § 1182(a)(8)(B))). | Does not apply to evaders who left the US as a nonimmigrant and are seeking reentry to the US as a nonimmigrant. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.10-3(D)(2).) | None. |
Foreign Nationals Previously Removed Grounds: INA § 212(a)(9) (8 U.S.C. § 1182(a)(9)
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Seeking admission within five years of an expedited removal order (a type of removal order that is issued when an applicant is requesting admission to the US) (INA § 212(a)(9)(A)(i) (8 U.S.C. § 1182(a)(9)(A)(i))). | Does not apply if the US Attorney General consents to the new application for admission (INA § 212(a)(9)(A)(iii) (8 U.S.C. § 1182(a)(9)(A)(iii))). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) | None. |
Seeking admission in one of the following circumstances:
(INA § 212(a)(9)(A)(ii) (8 U.S.C. § 1182(a)(9)(A)(ii)).) | Does not apply if the US Attorney General consents to the new application for admission (INA § 212(a)(9)(A)(iii) (8 U.S.C. § 1182(a)(9)(A)(iii))). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) | None. |
Seeking admission within either:
| Does not apply to certain:
(INA § 212(a)(9)(B)(iii) (8 U.S.C. § 1182(a)(9)(B)(iii).) | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) | DHS has sole discretion to waive unlawful presence after a showing that:
(INA § 212(a)(9)(B)(v) (8 U.S.C. § 1182(a)(9)(B)(v)); see also 9 F.A.M. § 302.11-3(D)(1).) |
Being present in the US, or attempting to enter the US without inspection by US Customs and Border Protection, and previously either:
(INA § 212(a)(9)(C)(i) (8 U.S.C. § 1182(a)(9)(C)(i)).) | Does not apply if both:
(INA § 212(a)(9)(C)(ii) (8 U.S.C. § 1182(a)(9)(C)(ii)).) | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) See also 9 F.A.M. § 302.11-4(D)(2). | May request permission to reapply. A waiver is available to a VAWA battered spouse or child self-petitioner if there is a connection between the foreign national's:
(INA § 212(a)(9)(C)(iii) (8 U.S.C. § 1182(a)(9)(C)(iii)); see also 9 F.A.M. § 302.11-4(D)(1).) |
Miscellaneous Grounds: INA § 212(a)(10) (8 U.S.C. § 1182(a)(10))
Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Practicing polygamy (INA § 212(a)(10)(A) (8 U.S.C. § 1182(a)(10)(A))). | None. | Not applicable. | None. |
Being a necessary and certified guardian of another inadmissible foreign national (INA § 212(a)(10)(B) (8 U.S.C. § 1182(a)(10)(B))). | None. | Discretionary at entry. | None. |
Detaining or retaining outside the US a US citizen child for whom a custody order has been granted to another party and anyone supporting or assisting the abductors (INA § 212(a)(10)(C)(i), (ii) (8 U.S.C. § 1182(a)(10)(C)(i), (ii))). | Does not apply to certain US or foreign government officials or if the child is located in a state that is a party to the international child abduction convention (INA § 212(a)(10)(C)(iii) (8 U.S.C. § 1182(a)(10)(C)(iii))). | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)).) See also 9 F.A.M. § 302.12-4(D)(2). | None. |
Voting in violation of any federal, state, or local law (INA § 212(a)(10)(D)(i) (8 U.S.C. § 1182(a)(10)(D)(i))). | Does not apply if the individual:
(INA § 212(a)(10)(D)(ii) (8 U.S.C. § 1182(a)(10)(D)(ii)).) | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.12-5(D)(2).) | None. |
Having renounced US citizenship to avoid US taxation (INA § 212(a)(10)(E) (8 U.S.C. § 1182(a)(10)(E))). | None. | The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
(INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also 9 F.A.M. § 302.12-6(D)(2).) | None. |
Other Select Grounds of Inadmissibility
Applicants with the following select characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.
Ground of Inadmissibility | Exception | NIV Waiver | IV Waiver |
Failing to overcome the presumption of immigrant intent (INA § 214(b) (8 U.S.C. § 1184(b))). | None. | None. | Not applicable. |
Having knowingly made a frivolous asylum application (INA § 208(d)(6) (8 U.S.C. § 1158(d)(6))). | None. | None. | None. |
Being subject to a presidential proclamation suspending entry or imposing other restrictions (INA § 212(f) (8 U.S.C. § 1182(f))). | None. | None. | None. |
Having overstayed a visa (INA § 222(g) (8 U.S.C. § 1202(g))). | Foreign nationals in a diplomatic visa classification (including A, G or NATO classifications) may be exempt from this section. | Waivers are not available. However, the requirement that the foreign national must reapply for a visa at a US consulate in the country of his nationality (or a consulate designated by the State Department if that country does not have a consulate) may be overcome if the State Department determines that extraordinary circumstances with compelling humanitarian or national interests exist. Extraordinary circumstances include:
| Not applicable. |