The main grounds
- Criminal §212(a)(2) — crimes involving moral turpitude, multiple convictions, controlled substance trafficking, prostitution and commercialised vice, human trafficking, money laundering, and serious criminal activity where immunity was asserted.
- Unlawful presence §212(a)(9)(B) — the three- and ten-year bars, triggered by departure.
- Prior removals and unlawful re-entry §212(a)(9)(A) and (C) — among the hardest to overcome, and the permanent bar under (C) requires ten years abroad before consent to reapply can even be sought.
- Misrepresentation §212(a)(6)(C)(i) — a wilful, material lie to obtain a benefit. A false claim to United States citizenship under (ii) has no waiver in most cases.
- Health-related §212(a)(1) — communicable diseases of public health significance, missing vaccinations, and certain disorders with associated harmful behaviour.
- Public charge §212(a)(4) — a likelihood of dependence, assessed on statutory factors.
- Security and related grounds §212(a)(3) — which are broad and largely unwaivable.
The waivers, in outline
The I-601 is the general waiver of inadmissibility, filed from abroad or in some cases here, and most often turning on extreme hardship to a qualifying relative. The I-601A is the provisional version for unlawful presence only. The I-212 is consent to reapply for admission after a removal. The I-192 is for certain nonimmigrants.
Which one applies — and whether more than one is needed — depends on the whole record, and the order in which they are filed matters.
What we do first
Before any form, we establish exactly which grounds are in play. That usually means obtaining the immigration file, certified criminal dispositions, entry and exit records and the underlying documents, rather than working from what a person remembers being told.
A surprising number of people have been advised they are permanently barred when they are not, and a smaller number have been told the opposite. Both are worth checking properly.
Questions we are asked about this
Is every ground waivable?
No. Several — a false claim to United States citizenship in most circumstances, and most security grounds — have no waiver. Others are waivable only for certain relatives or in certain categories.
How far back does this go?
There is generally no time limit on the grounds themselves. Something from decades ago can still be a bar, though age and rehabilitation matter in the discretionary part of a waiver decision.
I was told at the border that I could never come back. Is that right?
Sometimes, and sometimes not. Get the paperwork and let us read it. Expedited removal, voluntary return and a formal removal order have very different consequences, and people are often unsure which happened to them.