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U.S. Department of State Foreign Affairs Manual Volume 9―Visas

9 FAM 40.6 EXHIBIT I

GROUNDS OF INADMISSIBILITY

AVAILABLE WAIVERS

  (CT:VISA-1613; 01-04-2010)
  (Office of Origin: CA/VO/L/R)  
HEALTH RELATED GROUNDS  
     
Class of Inadmissibility   NIV Waivers   IV Waivers
         
Communicable Disease   INA 212(d)(3)(A) waiver   INA 212(g) waiver is
of Public Health   is available.   available for:
Significance        
        1. The spouse,
        unmarried son or
        daughter, or minor
(INA 212(a)(1)(A)(i);       unmarried lawfully
       
(9 FAM 40.11)       adopted child of: a
      U.S. citizen, an alien
       
        who has been issued
        an immigrant visa, or
        an alien who has been
        lawfully admitted for
        permanent residence;
        or
        2. The parent of a son
        or daughter who is: a
        U.S. citizen, a lawfully
        admitted permanent
        resident alien, or an
        alien who has been
        issued an immigrant
        visa; or
        3. A Violence Against
        Women Act (VAWA)
        self-petitioner.
         
Failure to Submit Proof   Not Applicable.   1. If alien receives
        vaccines that are

9 FAM 40.6 Exhibit I Page 1 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas


 of Vaccination initially missing, a

  waiver may be

INA 212(a)(1)(A)(ii) approved by the

 

(INA 212(a)(1)(A)(iii); consular officer under a

blanket delegation of

(9 FAM 40.11)

authority by USCIS. (9

 

  FAM 40.11 N12.5-1;

  INA 212(g)(2)(A))

  2. If the panel

  physician determines

  required vaccinations

  would be medically

  inappropriate, a waiver

  may be approved by

  the consular officer

  under a blanket

  delegation of authority

  by USCIS. (9 FAM

  40.11 N12.5-2; INA

  212(g)(2)(B))

  3. If there is a religious

  or moral objection to

  vaccination, a waiver

  may be approved by

  Department of

  Homeland Security

  (DHS). (9 FAM 40.11

  N12.5-3 and INA

  212(g)(2)(C))

   
Physical or Mental 212(d)(3)(A) waiver is INA 212(g)(3) waivers
Disorder and Behavior available, subject to are granted at the
Associated with the conditions proposed by discretion of DHS in
Disorder Which May the Department of consultation with HHS.
Pose, or Has Posed a Health and Human Waivers may be
Threat, to Property or Services (HHS), such as subject to conditions
Safety, of the Applicant a requirement that a proposed by the
or Others and Which is family member or Department of Health
Likely to Recur medical escort and Human Services,
  accompany the such as the giving of
  applicant. bond or requirement
     

9 FAM 40.6 Exhibit I Page 2 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas



(INA 212(a)(1)(A)(iii);   (9 FAM 40.11 N13) that a family member
  or medical escort
     
9 FAM 40.11)     accompany the
    applicant.
     
       
Drug Abuser or Addict,   212(d)(3)(A) waiver No waiver is available.
one who has engaged in   available upon However, a “CLASS A”
“non-medical use of a   recommendation of the inadmissibility finding
controlled substance.”   consular officer to by the panel physician
    DHS/USCIS. (9 FAM may be overcome in
(INA 212(a)(1)(A)(iv);   40.11 N13.2 and N14) the future according to
   
(9 FAM 40.11 N12)     CDC guidelines. (9 FAM
    40.11 N13.2)
     
     
CRIMINAL AND RELATED GROUNDS
     
Class of Inadmissibility NIV Waivers   IV Waivers
       
Crimes Involving Moral For those who do not fall   1. INA 212(h) waiver is
Turpitude under the exceptions to   available in cases where
  inadmissibility listed in 9   the alien’s admission to
(INA FAM 40.21, INA   the United States would
   
212(a)(2)(A)(i)(I); 212(d)(3)(A) waivers are   not be contrary to the
   
9 FAM 40.21(a)) available. Factors in   national welfare, safety
considering whether to   and security of the
   
  recommend a waiver   United States and the
  include the nature and   applicant has been
  date of the offense,   rehabilitated, and the
  possible rehabilitation of   activities for which the
  the alien’s character, and   applicant is inadmissible
  the necessity for, or   occurred more than 15
  urgency of, the alien’s   years before the date of
  proposed trip to the   visa application; or
  United States.    
      2. For the spouse,
      parent, son, or
      daughter of a U.S.
      citizen or legal
      permanent resident
      (LPR) if, in the opinion
      of DHS, not granting
      the waiver would result
      in extreme hardship to
      the U.S. citizen or LPR;

9 FAM 40.6 Exhibit I Page 3 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

or

3. The alien is a VAWA self-petitioner.

No waiver is available if the applicant has been convicted of (or has admitted committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture.


 Controlled Substance INA 212(d)(3)(A) waiver 1. INA 212(h) waiver is

Violators is available. available if the alien’s

    admission to the United

(INA Factors to consider in States would not be

   

212(a)(2)(A)(i)(II)); deciding whether to contrary to the national

   

  recommend the waiver welfare, safety, or

(9 FAM 40.21(b))  

include the nature and security of the United

 

   

  date of the offense, States; and the alien

   

  possible rehabilitation of has been rehabilitated

   

  the alien’s character, and and the inadmissible act

   

  the necessity for, or occurred more than 15

   

  urgency of, the alien’s years before the visa

   

  proposed trip to the application; or

   

  United States.  

    2. For the spouse,

    parent, son, or

    daughter to the U.S.

    citizen or LPR if, in the

    opinion of the Secretary

    of Homeland Security,

    refusing the waiver

    would result in extreme

    hardship to the U.S.

    citizen or LPR; or

    3. The alien is a VAWA

9 FAM 40.6 Exhibit I Page 4 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

self-petitioner.

INA 212(h) is only available if the violation relates to a single offense of simple possession of 30 grams or less of marijuana.


 Multiple Criminal INA 212(d)(3)(A) waiver 1. INA 212(h) waiver is

Convictions is available. available if: activities

    for which the alien is

(INA 212(a)(2)(B)); Factors to consider in inadmissible occurred

   

  deciding whether to more than 15 years

(9 FAM 40.22 Notes)  

recommend the waiver before the date of the

 

   

  include the nature and alien’s application; the

   

  date of the offense, alien’s admission to the

   

  possible rehabilitation of United States would not

   

  the alien’s character, and be contrary to the

   

  the necessity for, or national welfare, safety,

   

  urgency of, the alien’s or security; and the

   

  proposed trip to the applicant has been

   

  United States. rehabilitated; or

   

    2. For the spouse,

    parent, son, or

    daughter to the U.S.

    citizen or LPR if, in the

    opinion of the Secretary

    of Homeland Security,

    refusing the waiver

    would result in extreme

    hardship to the U.S.

    citizen or LPR; or

    3. If the alien is a

    VAWA self-petitioner.

    No waiver is available if

    the applicant has

    committed murder,

    criminal acts involving

    torture, or conspiracy to

    commit either murder

9 FAM 40.6 Exhibit I Page 5 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas


     or criminal acts

    involving torture.

     

Controlled Substance INA 212(d)(3)(A) waiver No waiver is available.

Traffickers and the is available.  

Spouse, Son, or    

Daughter of Substance Factors to consider in  

   

Traffickers Who deciding whether to  

   

Obtained Financial or recommend the waiver  

   

other Benefit and Knew include the nature and  

or have Known that the date of the offense,  

Financial Benefit was possible rehabilitation of  

   

the Product of Illicit the alien’s character, and  

   

Activity within the Past the necessity for, or  

   

Five Years urgency of, the alien’s  

   

  proposed trip to the  

(INA 212(a)(2)(C)); United States.  

(9 FAM 40.23 Notes)    

     

Prostitution and INA 212(d)(3)(A) waiver 1. INA 212(h) waiver is

Commercialized Vice is available. available in cases of

Within the Past 10   prostitution (D)(i)or

Years of the Date of Factors to be considered procuring (D)(ii) if the

 

Application for a Visa, in deciding whether to alien’s admission to the

 

Admission, or recommend the waiver United States would not

 

Adjustment of Status include the nature and be contrary to the

 

  date of the offense, national welfare, safety,

   

(INA 212(a)(2)(D); possible rehabilitation of or security, and the

   

and INA the alien’s character, and alien has been

   

212(a)(2)(A)(i)(I)) the necessity for, or rehabilitated. In cases

   

  urgency of, the alien’s of other commercialized

(9 FAM 40.24)  

proposed trip to the vice (D)(iii), 212(h) is

 

   

  United States. available if the two

   

    conditions above are

    met, and all relevant

    criminal acts took place

    more than 15 years

    before the date of

    application; or

    2. Available to IV

    applicants with a close

    family relationship

    (spouse, parent, son, or

9 FAM 40.6 Exhibit I Page 6 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas


     daughter) to a U.S.

    citizen or LPR, if, in the

    opinion of DHS, not

    granting the waiver

    would result in extreme

    hardship to the

    petitioning U.S. citizen

    or LPR and the alien has

    been rehabilitated; or

    3. The alien is a VAWA

    self-petitioner.

     

Certain Aliens Involved INA 212(d)(3)(A) waiver 1. INA 212(h) waiver is

in Serious Criminal is available. Factors to available if the activities

Activity Who Have be considered in deciding for which the alien is

Asserted Immunity whether to recommend inadmissible occurred

from Prosecution the waiver include the more than 15 years

  nature and date of the before the date of the

(INA 212(a)(2)(E)) offense, possible alien’s application, the

 

(9 FAM 40.25) rehabilitation of the alien’s admission to the

alien’s character, and the United States would not

 

  necessity for, or urgency be contrary to the

  of, the alien’s proposed national welfare, safety,

  trip to the United States. or security, and the

    alien has been

    rehabilitated; or

    2. For applicants with a

    close family relationship

    (spouse, parent, son, or

    daughter) to a U.S.

    citizen or LPR, if, in the

    opinion of DHS, refusing

    the waiver would result

    in extreme hardship to

    the U.S. citizen or LPR;

    or

    3. The alien is a VAWA

    self-petitioner.

    Neither waiver is

    available if the alien has

    committed murder or

    criminal acts involving

9 FAM 40.6 Exhibit I Page 7 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

    torture, or conspiracy to
    commit either murder
    or criminal acts
    involving torture.
     
Foreign Government INA 212(d)(3)(A) waiver No waiver is available.
Officials Who Have is available. Advisory  
Committed Particularly Opinion from VO/L/A is  
Severe Violations of mandatory.  
Religious Freedom    
(INA 212(a)(2)(G));    
(9 FAM 40.26)    
     
Significant Traffickers INA 212(d)(3)(A) waiver No waiver is available.
in Persons and is available. Advisory  
Beneficiaries, Certain Opinion from VO/L/A is  
Family Members of mandatory.  
Trafficker Who    
Obtained Financial or    
Other Benefit and    
Knew or Have Known    
that the Financial    
Benefit was the    
Product of Illicit    
Activity in Past 5 Years    
(INA 212(a)(2)(H));    
(9 FAM 40.27 Notes)    
     
SECURITY AND RELATED GROUNDS
     
Class of Inadmissibility NIV Waivers IV Waivers
     
General Prejudicial No waiver is available but No waiver is available
Activities: Espionage, the inadmissibility applies but inadmissibility
Sabotage, or Prohibited only to current applies only to current
Export of Sensitive circumstances. circumstances.
Technology, or    
Sensitive Information Mandatory Security  
   
  Advisory Opinion (SAO)  

9 FAM 40.6 Exhibit I Page 8 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

  required for  
  inadmissibility finding.  
(INA 212(a)(3)(A));    
(9 FAM 40.31)    
     
Terrorist Activities INA 212(d)(3)(A) waiver No waiver is available.
  is available. SAO to  
  VO/L/C is mandatory.  
(INA 212(a)(3)(B));    
(9 FAM 40.32)    
     
Entry Would Have No waiver is available but No waiver is available
Potentially Serious inadmissibility applies to but inadmissibility
Adverse Foreign Policy current circumstances. applies to current
Consequences SAO is mandatory for circumstances. SAO
  inadmissibility finding. mandatory.
(INA 212(a)(3)(C));    
(9 FAM 40.33)    
     
Membership or   INA 212(a)(3)(D)
Affiliation with   waiver available. Also,
Communist or Other   there are exceptions
Totalitarian Party,   contained in INA
Domestic or Foreign   212(a)(3)(D) relating to
(applies only to   past membership
immigrants)   and/or involuntary
    membership.
(INA 212(a)(3)(D));    
(9 FAM 40.34)    
     
Participation in Nazi INA 212(d)(3)(A) waiver No waiver is available.
Persecutions or is available for acts of  
Genocide and torture or extrajudicial  
Commission of Acts of killing.  
Torture or Extrajudicial    
Killings SAO mandatory for  
   
  finding.  
     

9 FAM 40.6 Exhibit I Page 9 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

(INA 212(a)(3)(E));    
(9 FAM 40.35(a) and    
9 FAM 40.35(b))    
     
Associations with INA 212(d)(3)(A) waiver No waiver is available.
Terrorist Organizations is available.  
  SAO mandatory  
(INA 212(a)(3)(F));    
(9 FAM 40.36)    
     
Recruitment or Use of INA 212(d)(3)(A) waiver  
Child Soldiers is available.  
    No waiver is available.
(INA 212(a)(3)(G)); SAO mandatory  
(9 FAM 40.38)    
     

PUBLIC CHARGE


 Class of Inadmissibility NIV Waivers IV Waivers

     

Public Charge The refusal on this No waiver is available.

  ground may be Applicants may

  overcome. overcome the finding by

(INA 212(a)(4)(A));   presenting evidence to

Typically, refusals are convince you that the

 

   

(9 FAM 40.41) overcome if an applicant inadmissibility no longer

 

presents evidence that applies. While there

 

   

  convinces the consular are provisions for

   

  officer that the overcoming the

   

  inadmissibility no longer inadmissibility by

   

  applies. posting a bond with

   

    DHS, the applicant is

    still subject to Affidavit

    of Support (AOS) and

    income requirements.

    Consequently, there are

9 FAM 40.6 Exhibit I Page 10 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

few circumstances in which a bond would be offered as an alternative to the AOS.

LABOR AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS

Class of Inadmissibility NIV Waivers IV Waivers
Aliens Entering the Not applicable to NIV. No waiver is available at
United States to   time of visa application.
Perform Skilled or   However, under INA
Unskilled Labor Whose   212(k), DHS may waive
Intended Employment   this inadmissibility for
Has Not Been Certified   an IV holder at the port
by the Department of   of entry.
Labor or Who is    
Unqualified for His/Her    
Certified Employment.    

(INA 212(a)(5)(A));

(9 FAM 40.51)

Unqualified Physicians Not applicable to NIV. No waiver is available.
(INA 212(a)(5)(B));    
(9 FAM 40.52)    
     
Uncertified Foreign Discretion must be No waiver is available,
Health Care Workers applied on a case-by- but this can be
  case basis; reference 9 overcome. See 9 FAM
  FAM 40.53 N3. 40.53 N1.
(INA 212(a)(5)(C));    
(9 FAM 40.53 Notes)    
     

9 FAM 40.6 Exhibit I Page 11 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

ILLEGAL ENTRANTS, IMMIGRATION VIOLATORS, AND MISREPRESENTATION


 Class of Inadmissibility NIV Waivers IV Waivers

     

Aliens Present Without This ground does not This ground does not

Admission or Parole apply at time of visa apply to visa applicants.

  application.  

(INA 212(a)(6)(A));    

(9 FAM 40.61)    

     

Failure to Attend a INA 212(d)(3)(A) waiver No waivers available.

Removal Proceeding is available. Inadmissibility apples for

  Inadmissibility applies 5 years following

  for 5 years following departure or removal

(INA 212(a)(6)(B)); departure or removal subsequent to removal

subsequent to removal hearing.

 

(9 FAM 40.62) hearing.  

   

Fraud and INA 212(d)(3)(A) waiver INA 212(i)

Misrepresentation is available. Factors to  

  be considered in Waivers are available if

   

  deciding whether to she or he is the spouse,

   

  recommend the waiver son, or daughter of a

(INA 212(a)(6)(C)(i));  

include the nature and U.S. citizen or of an LPR,

 

   

(9 FAM 40.63) date of the offense, but only if the petitioner

 

possible rehabilitation of would suffer extreme

 

   

  the alien’s character, hardship if the waiver

   

  and the necessity for, or were not granted; or, if

   

  urgency of, the alien’s a VAWA self-petitioner,

   

  proposed trip to the the alien demonstrates

   

  United States. extreme hardship to the

   

    alien, or the alien’s U.S.

    Citizen or LPR relative.
False Claim of INA 212(d)(3)(A) waiver No waiver available.
Citizenship is available. Factors to  
  be considered in  

9 FAM 40.6 Exhibit I Page 12 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas


   deciding whether to  

  recommend the waiver  

(INA 212(a)(6)(C)(ii)); include the nature and  

date of the offense,  

(9 FAM 40.63)  

possible rehabilitation of  

   

  the alien’s character,  

  and the necessity for, or  

  urgency of, the alien’s  

  proposed trip to the  

  United States.  

     

Stowaways This ground does not This ground does not

  apply at time of visa apply at time of visa

  application. application.

(INA 212(a)(6)(D));    

(9 FAM 40.64)    

Applies only to aliens    

seeking admission at a    

port of entry. You are    

not to refuse visas    

under this provision.    

     

Smugglers (Knowingly INA 212(d)(3)(A) waiver 1. INA 212(d)(11)

Assisted) is available. Factors to waiver available. DHS

  be considered in may grant a waiver to

  deciding whether to an applicant for family-

(INA 212(a)(6)(E)); recommend the waiver based immigration if the

include the nature and alien applicant had aided

 

(9 FAM 40.65) date of the offense, an individual who at the

possible rehabilitation of time of such action was

 

  the alien’s character, the alien’s spouse,

  and the necessity for, or parent, son, or daughter

  urgency of, the alien’s entering or attempting

  proposed trip to the to enter the United

  United States. States in violation of the

    law. The brother or

    sister of a U.S. citizen is

    not eligible for this

    waiver.

    2. DHS may grant an

9 FAM 40.6 Exhibit I Page 13 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

INA 212 (c) waiver to a LPR who is returning to the United States after a temporary absence abroad; had illegally assisted only his or her spouse, son, or daughter, or parent, and no others; and is otherwise eligible for admission. In this way, DHS avoids penalizing too heavily aliens already admitted to the United States who were not ineligible prior to the 1990 amendments to the law, who would now be inadmissible because of the 1990 amendments, and who had assisted only a close family member’s entry into the United States.


 Subject of Civil Penalty INA 212(d)(3)(A)waiver INA 212(d)(12) waiver is

or Final Order Under available. Factors to be available.

Section 274C considered in deciding  

(Document whether to recommend DHS may grant a waiver

 

Counterfeiting) the waiver include the to:

 

  nature and date of the 1. Certain permanent

  offense, possible

  resident aliens who have

  rehabilitation of the

(INA 212(a)(6)(F)); been abroad temporarily

alien’s character, and

  and are not under order

  the necessity for, or

(9 FAM 40.66 Notes) of deportation; or

urgency of, the alien’s

 

   

  proposed trip to the 2. To aliens seeking

  United States.

  admission or adjustment

   

    of status as immediate

    relatives or family-based

    beneficiaries (but for

    aliens seeking

    adjustment it must have

    been committed solely

9 FAM 40.6 Exhibit I Page 14 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

    to assist, aid, or support
    the alien’s spouse or
    child).
     
Student Visa Abusers INA 212(d)(3)(A) waiver No waiver is available.
  is available. Factors to  
  be considered in  
(INA 212(a)(6)(G)); deciding whether to  
recommend the waiver  
   
(9 FAM 40.67) include the nature and  
date of the offense,  
   
  possible rehabilitation of  
  the alien’s character,  
  and the necessity for, or  
  urgency of, the alien’s  
  proposed trip to the  
  United States.  
     
DOCUMENTATION REQUIREMENTS
     
Class of Inadmissibility NIV Waivers IV Waivers
     
No Entry Documents – Not applicable. No waiver is available at
Immigrants   time of visa application.
    However, under INA
(INA 212(a)(7)(A));   212(k), DHS may waive
   
(9 FAM 40.71)   this inadmissibility for
  an IV holder at the port
   
    of entry.
     
Nonimmigrants Not in INA 212(d)(4) waiver is Not applicable.
Possession of Passport available:  
Valid for Six Months of    
Nonimmigrant Visa or 1. On the basis of  
   
Border Crossing Card unforeseen emergency  
   
  in individual cases; or  
  2. On the basis of  
(INA 212(a)(7)(B)); reciprocity to nationals  
  of a foreign contiguous  
(9 FAM 40.72 Notes) territory or of adjacent  
   
  islands (and residents of  

9 FAM 40.6 Exhibit I Page 15 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

  those territories or    
  islands having a    
  common nationality with    
  such nationals).    
       
INELIGIBLE FOR CITIZENSHIP    
       
Class of Inadmissibility NIV Waivers IV Waivers
       
Permanently Ineligible Not applicable. No waiver is available.
for Citizenship   INA 212(c) relief is
(Immigrant Visas)   available for certain
    returning residents.
    Advisory Opinion
(INA 212(a)(8)(A));   required.
     
(9 FAM 40.81 Notes)      
       
Any Alien Who INA 212(d)(3)(A) waiver No waiver is available.
Departed from or is available. Factors to INA 212(c) relief is
Remained Outside the be considered in available for certain
United States to Avoid deciding whether to returning residents.
Service in the Armed recommend the waiver    
Forces in Time of War include the nature and    
or National Emergency date of the offense,    
  possible rehabilitation of    
  the alien’s character,    
(INA 212(A)(8)(B)); and the necessity for, or    
urgency of, the alien’s    
     
(9 FAM 40.82 Notes) proposed trip to the    
United States.    
     
       
ALIENS PREVIOUSLY REMOVED AND
UNLAWFULLY PRESENT    
       
Class of Inadmissibility NIV Waivers IV Waivers  
       
Aliens Previously INA 212(d)(3)(A) waiver No waiver, but DHS  
  is available. Factors to may grant permission  

9 FAM 40.6 Exhibit I Page 16 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas


 Removed be considered in to reapply for admission

  deciding whether to to the United States to

  recommend the waiver an alien otherwise

(INA 212(a)(9)(A)); include the nature and inadmissible under this

date of the offense, section. (Form I-212,

 

(9 FAM 40.91) possible rehabilitation of Permission to Reapply).

the alien’s character, However, such

 

  and the necessity for, or permission to reapply

  urgency of, the alien’s does not remove the

  proposed trip to the grounds which led to

  United States. the alien’s denial of

  Additionally, an admission to or removal

  approved Form I-212, from the United States.

  (Permission to Reapply The reason for such

  for Admission into the denial of admission or

  United States after removal may lead to

  Deportation or Removal) another ground of

  removes this ground, inadmissibility.

  but not the  

  circumstances which led  

  to it.  

Aliens Unlawfully INA 212(d)(3)(A) DHS has sole discretion

Present Factors to be considered to grant a

  in deciding whether to 212(a)(9)(B)(v) waiver

  recommend the waiver in the case of an

(INA 212(a)(9)(B)); include the nature and immigrant who is the

date of the offense, spouse, son, or

 

(9 FAM 40.92 Notes) possible rehabilitation of daughter of a U.S.

the alien’s character, citizen or LPR, if refusal

 

  and the necessity for, or of admission to such

  urgency of, the alien’s immigrant alien would

  proposed trip to the result in extreme

  United States. hardship to the citizen

  Additionally, an or lawful resident

  approved Form I-212 spouse or parent of

  (Permission to Reapply) such alien.

  for Admission into the  

  United States after  

  Deportation or Removal)  

  removes this ground,  

  but not the  

  circumstances which led  

9 FAM 40.6 Exhibit I Page 17 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas


   to it.  

     

Aliens Unlawfully INA 212(d)(3)(A) waiver No waiver, but DHS

Present After Previous is available. Factors to may grant permission

Immigration Violations be considered in to reapply for admission

  deciding whether to to the United States to

  recommend the waiver an alien otherwise

(INA 212(a)(9)(C)); include the nature and inadmissible under this

date of the offense, section provided at

 

(9 FAM 40.93 Notes) possible rehabilitation of least ten years have

the alien’s character, passed following the

 

  and the necessity for, or alien’s last departure

  urgency of, the alien’s from the United States.

  proposed trip to the (Form I-212,

  United States. Application for

    Permission to Reapply)

     

MISCELLANEOUS

Class of Inadmissibility NIV Waivers IV Waivers
     
Practicing Polygamists Not applicable. No waiver is available.
    INA 212(c) relief is
    available for certain
(INA 212(a)(10)(A));   returning residents.
   
(9 FAM 40.101)    
     

9 FAM 40.6 Exhibit I Page 18 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

Guardian Required to Not applicable at time of Not applicable at time of
Accompany Helpless visa application. This is visa application.
Alien applied only at the port  
  of entry (POE) by DHS.  
(INA 212(a)(10)(B));    
(9 FAM 40.102)    
     
International Child 212(d)(3)(A) waiver is No waiver is available.
Abduction available.  
  Factors to be considered  
  in deciding whether to  
(INA 212(a)(10)(C)); recommend the waiver  
   
(9 FAM 40.103 Notes) include the nature and  
date of the offense,  
   
  possible rehabilitation of  
  the alien’s character,  
  and the necessity for, or  
  urgency of, the alien’s  
  proposed trip to the  
  United States.  
     
Unlawful Voters 212(d)(3)(A) waiver is No waiver is available.
  available.  
  Factors to be considered  
(INA 212(a)(10)(D)); in deciding whether to  
   
(9 FAM 40.104 Notes) recommend the waiver  
include the nature and  
   
  date of the offense,  
  possible rehabilitation of  
  the alien’s character,  
  and the necessity for, or  
  urgency of, the alien’s  
  proposed trip to the  
  United States.  
     

9 FAM 40.6 Exhibit I Page 19 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

Former Citizens Who Renounced Citizenship to Avoid Taxation

(INA 212(a)(10)(E));

(9 FAM 40.105 Notes)

212(d)(3)(A) waiver is No waiver is available.
available.  
Factors to be considered  
in deciding whether to  
recommend the waiver  
include the nature and  
date of the offense,  
possible rehabilitation of  
the alien’s character,  
and the necessity for, or  
urgency of, the alien’s  
proposed trip to the  
United States.  
   

OTHER INADMISSIBILITIES

Class of Inadmissibility NIV Waivers IV Waivers
     
Educational Visitor The foreign residence The foreign residence
Status: Foreign requirement of INA requirement of INA
Residence 212(e) may be waived 212(e) may be waived
Requirement; Waivers by the Department of by the DHS upon
  Homeland Security recommendation from
(INA 212(e)); (DHS) upon CA/VO/L/W.
 
(9 FAM 40.202) recommendation from  
CA/VO/L/W.  
   
     
Presumption of No waiver is available. Not Applicable.
Immigrant Status    
(INA 214(b));    
(9 FAM 40.203 Notes)    
     

9 FAM 40.6 Exhibit I Page 20 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

Alien Who Knowingly No waiver is available. No waiver is available.
Made a Frivolous    
Application for Asylum    
(INA 208(d)(6));    
(9 FAM 40.206)    
     
Aliens Involved in Where the Secretary of No waiver is available.
Confiscation of State finds, on a case by  
Property of U.S. case basis, that the  
Nationals entry into the United  
  States of the person  
  who would otherwise be  
(Section 401 of Public inadmissible under this  
section is necessary for  
Law 104-114);  
medical reasons or for  
   
(9 FAM 40.207 Notes) purposes of litigation of  
an action under Title III.  
   
     
Aliens Involved in No waiver is available. No waiver is available.
Political Killings    
(Section 616 of Public    
Law 105-277);    
(9 FAM 40.208)    
     
Suspension of Entry or No waiver is available. No waiver is available.
Imposition of    
Restrictions by    
President    
(INA 212(f))    
     

9 FAM 40.6 Exhibit I Page 21 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

Visa Overstay No waiver except where Not applicable.
  extraordinary  
  circumstances are found  
(INA 222(g)); by the Secretary of  
State to exist.  
   
(9 FAM 40.68 and 9    
FAM 41.101)    
     
Persons Engaged in If the Secretary of State Not applicable.
Forced Abortions or determines that it is  
Sterilization important to the  
  national interest of the  
  United States to do so  
(8 U.S.C. 1182(e)) and provides written  
notification to the  
   
  appropriate  
  congressional  
  committees containing a  
  justification for the  
  waiver.  
     
Chinese and Other If the Secretary of State Not applicable.
Nationals Engaged in determines that it is  
Coerced Organ or important to the  
Bodily Tissue national interest of the  
Transplantation United States to do so,  
  and no later than 30  
  days after the issuance  
(8 U.S.C. 1182(f)) of a visa, the Secretary  
provides written  
   
  notification to the  
  appropriate  
  Congressional  
  committee containing a  
  justification for the  
  waiver.  
     

9 FAM 40.6 Exhibit I Page 22 of 23

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

Persons Credibly 1. If the Secretary of No waiver is available.
Alleged to Have Aided State finds, on a case by  
and Abetted Colombian case basis, that the  
Insurgent and entry into the United  
Paramilitary Groups States of a person who  
  would otherwise be  
  inadmissible under this  
(Section 3205 of Public section is necessary for  
medical reasons.  
Law 106-246)  
   
  2. To permit the  
  prosecution of such  
  person in the United  
  States or when the  
  person has cooperated  
  fully with the  
  investigation of crimes  
  committed by individuals  
  associated with the  
  Revolutionary Armed  
  Forces of Columbia  
  (FARC), the National  
  Liberation Army (ELN),  
  or the United Columbian  
  Self Defense  
  Organization (AUC).  
  3. The President may  
  waive the limitation if he  
  determines that the  
  waiver is in the national  
  interest.  
     

9 FAM 40.6 Exhibit I Page 23 of 23

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