Do you need a green card waiver green card?
Do you have over 180 days of unlawful presence in the US? Have you engaged in immigration fraud? Do you have a serious criminal conviction? If so, you may need to apply for an I-601 or an I-601A green card waiver.
Below are the various inadmissibility grounds that can be found in the Immigration and Nationality Act. The chart indicates whether a waiver of a specific inadmissibility ground is available.
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Green Card Waiver Chart
|
Inadmissibility Grounds |
Inadmissibility Grounds INA reference |
Waiver of Inadmissibility for Immigrant Visa |
Waiver of Inadmissibility for Non-immigrant Visa |
| Communicable Disease | 212(a)(1)(A)(i) | 212(g) | 212(d)(3) |
| Lacking Required Vaccinations | 212(a)(1)(A)(ii) | 212(g) | N/A |
| Physical or Mental Disorder | 212(a)(1)(A)(iii) | 212(g) | 212(d)(3) |
| Drug Abuser/ Drug Addict | 212(a)(1)(A)(iv) | Not Waivable | 212(d)(3) |
| Crime Involving Moral Turpitude (CIMT) | 212(a)(2)(A)(i)(I) | 212(h) | 212(d)(3) |
| Controlled Substance Violations (Drug Crimes) | 212(a)(2)(A)(i)(II) | 212(h) – but only for possession of 30g or less of marijuana | 212(d)(3) |
| Multiple Criminal Convictions | 212(a)(2)(B) | 212(h) | 212(d)(3) |
| Controlled Substance (Drug) Traffickers and their families | 212(a)(2)(C)(i) 212(a)(2)(C)(ii) |
No Waivable | 212(d)(3) |
| Prostitution | 212(a)(2)(D)(i) | 212(h) | 212(d)(3) |
| Procuring a Prostitute | 212(a)(2)(D)(i) | 212(h) | 212(d)(3) |
| Asserted immunity from prosecution | 212(a)(2)(E) | 212(h) | 212(d)(3) |
| Espionage | 212(a)(3)(A)(i) | Not Waivable | Not Waivable |
| Unlawful activity related to security | 212(a)(3)(A)(ii) | No Waiver Available | No Waiver Available |
| Attempts to Overthrow the US Government | 212(a)(3)(A)(iii) | No Waiver Available | No Waiver Available |
| Terrorist Activities | 212(a)(3)(B) | No Waiver Available | 212(d)(3) |
| Foreign Policy | 212(a)(3)(C) | No Waiver Available | No Waiver Available |
| Membership in Totalitarian Party | 212(a)(3)(D) | 212(a)(3)(D)(ii) 212(a)(3)(D)(iii) |
N/A |
| Nazi Party | 212(a)(3)(E)(i) | No Waiver Available | No Waiver Available |
| Genocide | 212(a)(3)(E)(ii) | No Waiver Available | No Waiver Available |
| Public Charge | 212(a)(4) | 213 | 212(d)(3) 221(g) |
| Labor Certification | 212(5)(A) | N/A | N/A |
| Unqualified Physician | 212(5)(B) | No Waiver Available | N/A |
| Uncertified Health Care Workers | 212(5)(C) | No Waiver Available | 212(d)(3) |
| Aliens Present without Admission or Parole (EWI) | 212(a)(6)(A) | VAWA: 212(a)(6)(A)(II) Asylum: 208 Cancellation: 240A AOS: 245(i) |
N/A |
| Failure to Attend Removal Proceedings | 212(a)(6)(B) | No Waiver Available | 212(d)(3) |
| Misrepresentation | 212(a)(6)(C)(i) | 212(i) 237(a)(1)(H) |
212(d)(3) |
| False Claim to US Citizenship | 212(a)(6)(C)(ii) | 212(a)(6)(C)(ii)(II) for claims made prior to 1997 | 212(d)(3) |
| Stowaways | 212(a)(6)(D) | Asylum 208 | N/A |
| Smugglers | 212(a)(6)(E) | 212(d)(11) | 212(d)(3) |
| Civil Penalty under INA 247C | 212(a)(6)(F) | 212(d)(12) | 212(d)(3) |
| Student Visa Abusers | 212(a)(6)(G) | No Waiver Available | 212(d)(3) |
| Documentation Requirement for Immigrants | 212(a)(7)(A) | 211 212(k) |
N/A |
| Documentation Requirement for Nonimmigrants | 212(a)(7)(A)(B) | N/A | 212(d)(4) 212(a)(7)(B)(iii) 212(a)(7)(B)(iv) |
| Immigrant Ineligible for Citizenship INA 314 or INA 315 | 212(a)(8)(A) | No Waiver Available | N/A |
| Draft Evaders | 212(a)(8)(B) | Carter Pardon | 212(d)(3) |
| Ordered Removed Upon Arrival | 212(a)(9)(A)(i) 212(a)(9)(A)(ii) |
212(a)(9)(A)(iii) | 212(d)(3) |
| Unlawful Presence | 212(a)(9)(B) | 212(a)(9)(B)(v) | 212(d)(3) |
| Unlawful Presence after Prior Immigration Violation | 212(a)(9)(C) | No Waiver Available | 212(d)(3) |
| Immigrant Polygamists | 212(a)(10)(A) | No Waiver Available | N/A |
| Guardian accompanying inadmissible helpless child | 212(a)(10)(B) | N/A | N/A |
| International Child Abduction | 212(a)(10)(C) | No Waiver Available | 212(d)(3) |
| Unlawful Voter | 212(a)(10)(D) | No Waiver Available | 212(d)(3) |
| Former Citizen who renounced to avoid taxes | 212(a)(10)(E) | No Waiver Available | 212(d)(3) |
| Former Exchange Visitors | 212(e) | I-612 Waiver | I-612 Waiver |
| Individual who is detrimental to US interests | 212(f) | No Waiver Available | No Waiver Available |
Green Card Waiver – Additional Resources
- Form I-601, Application for a Green Card Waiver
- AAO Non-Precedent Decisions on Application for Waiver of Grounds of Inadmissibility (Unlawful Presence)
- AAO Non-Precedent Decisions on Application for Waiver of Grounds of Inadmissibility (National Interest Exemption)
- AAO Non-Precedent Decisions on Application for Waiver of Grounds of Inadmissibility (Alien Smuggling)
- AAO Non-Precedent Decisions on Application for Waiver of Grounds of Inadmissibility (Health-Related)
- AAO Non-Precedent Decisions on Application for Waiver of Grounds of Inadmissibility (Criminal and Related)
- AAO Non-Precedent Decisions on Application for Waiver of Grounds of Inadmissibility (Fraud or Misrepresentation)
- AAO Non-Precedent Decisions on Legalization: Application for Temporary Resident Status
- AAO Non-Precedent Decisions on Legalization: Termination of Temporary Resident Status
- AAO Non-Precedent Decisions on Legalization and Special Agricultural Workers: Application for Waiver of Grounds of Inadmissibility
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.