Waiver (Immigration Waiver)
In US immigration, a waiver is official permission that forgives a ground of inadmissibility or a legal requirement, so an applicant can get a visa, green card, or other benefit that would otherwise be refused.
Common waivers
- Form I-601: waives many grounds of inadmissibility for immigrants, such as some crimes, fraud, or unlawful presence.
- Form I-601A: a provisional unlawful presence waiver filed inside the US before the consular interview.
- Form I-212: permission to reapply after a removal or deportation.
- 212(d)(3) waiver: for temporary visitors, requested through the consulate.
- J-1 home residency waiver: frees some J-1 visitors from the two-year home country rule.
Many immigrant waivers require showing "extreme hardship" to a US citizen or permanent resident spouse or parent. Other uses of the word include the national interest waiver and fee waivers. See our visa denials and waivers guide. Waivers are discretionary, so get legal advice.
Frequently asked questions
What is extreme hardship?
Hardship to a qualifying relative that goes beyond the normal pain of separation, such as serious medical, financial, or safety problems.
Can I get a waiver for a visa overstay?
Often yes, through Form I-601 or I-601A, if you have a qualifying relative.
Does Canada have waivers?
Canada uses a temporary resident permit or criminal rehabilitation instead.
Official sources
- USCIS: Form I-601uscis.gov
- USCIS: Form I-601Auscis.gov
- USCIS: Form I-212uscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.