Waivers of Inadmissibility and Deportability in Removal Proceedings
Waivers may be used to overcome inadmissibility and deportability in removal proceedings. Inadmissibility grounds may arise in several ways during a removal proceeding. Usually an individual is being placed in removal proceedings based on an inadmissibility ground under INA §212(a) or based on the deportability found under INA §237(a)(1)(A).The respondent may apply for a waiver of inadmissibility in removal proceedings only to overcome removability based on inadmissibility or to establish admissibility for purposes of adjustment of status. Unlike other forms of relief from removal, waivers of inadmissibility standing alone cannot be asserted as affirmative applications for relieve form removal. Some waivers can also be applied for when trying to obtain a visa in an individual's home country.
Six Specific waivers of inadmissibility:
-INA §212(g) waiver for certain health-related grounds;
-INA §212(h) waiver for criminal conduct;
-INA §212(i) waiver for fraud or misrepresentation;
-INA §212(a)(9)(B)(v) waiver for unlawful presence;
-INA §212(d)(3) waiver for nonimmigrants; and
-INA §212(c) waiver for asylees and refugees.
