Waivers

An inadmissibility finding is not necessarily insurmountable.  Waivers are available to both immigrants and nonimmigrants.  The requirements vary depending on the visa sought and the inadmissibility to be overcome.

Nonimmigrants--The (d)(3) Hranka Waiver

Generally, nonimmigrants need to establish some element of rehabilitation and a rationale for entering the US, and to assure US officials that they do not pose a threat to the US; the passage of time since the event that precipitated the inadmissibility is critical. See INA§212(d)(3) and Matter of Hranka.

  • How long does it take to get a Hranka waiver? According to the US Embassy in London, applicants should expect at least 6 months and up to 8 months for waiver processing.

To learn more about the 212(d)(3)(A)(i) Hranka Waiver, visit the subpage:

Immigrants--I-601 and Extreme Hardship

Immigrants generally must establish similar elements of rehabilitation; however, in most cases they must also establish that denial of the waiver would result in "extreme hardship" to a qualifying US citizen or LPR family member (a spouse or parent, or in some instances--but not all--children). See INA§212(h), §212(i), and §212(a)(9)(B). Again, the passage of time can be pivotal. See especially INA§212(h)(1)(A) and §212(a)(9).

  • How long does it take to get an I-601 waiver? According to USCIS, most cases are processed within 27.5 months (i.e. over two years).

When waivers are required, the processing time involved in adjudicating the waiver can be depressing.  Waivers for nonimmigrant visas can add several weeks to visa processing time.  Waivers for immigrant visas can take several months to adjudicate.

To learn more about applying for a waiver based on extreme hardship, visit the sub-page:

Should I Stay or Should I Go

I-601 Waiver of Inadmissibility (Extreme Hardship) Individuals with a special relationship to a US citizen or lawful permanent resident can...