Waiver Applications

Sometimes, when seeking permanent resident status, an immigrant may be considered inadmissible (ineligible to immigrate or get a green card) if he or she has an immigration record that reflects lengthy unlawful presence, criminal convictions, immigration fraud or misrepresentation, prior deportation orders, or various other grounds. Under these circumstances, a person should work with an immigration lawyer to obtain a waiver to overcome the basis for inadmissibility. For most waivers, it must be demonstrated that a U.S. citizen or permanent resident relative—usually a spouse, parent, or sometimes a child—would suffer extreme hardship if the waiver application were to be denied.

Similarly, an individual who came on a J-1 visa with a 2-year foreign residency requirement will generally be required to return to their home country for two years before they can apply for permanent residence or change to another nonimmigrant status, unless they obtain a waiver. There are various grounds on which a waiver of the two-year foreign residency requirement may be sought, including a no-objection statement, persecution, exceptional hardship to U.S. citizen or permanent resident spouse or child, a request by a U.S. Federal Executive agency, or options specific to international medical graduates.