Waivers Dictionary by Alexander Alfano

Grounds of Inadmissibility to the US Chart

This Chart outlines the inadmissibility grounds to the US, barring US visa issuance or admission. This Chart also includes the available waivers to overcome the grounds of inadmissibility for both nonimmigrant and immigrant visa issuance or admission under the Immigration and Nationality Act (INA).

Grounds of Inadmissibility

US immigration law includes a comprehensive list of grounds that bar a foreign national from obtaining a visa or from lawful admission to the US (INA § 212(a) (8 U.S.C. § 1182(a))). The list describes the health, criminal, national security, or policy-based characteristics that the US government uses to determine foreign national admissibility. Most of the inadmissibility grounds also include exceptions or waivers under which an applicant may still qualify for a visa or admission to the US. These tables identify the grounds of inadmissibility and the specific characteristics of each that will bar visa issuance or admission to the US. Available waivers vary depending on whether the traveler is requesting a nonimmigrant visa (NIV) (for temporary admission) or immigrant visa (IV) (for admission as a lawful permanent resident or green card holder).

Health-Related Grounds: INA § 212(a)(1) (8 U.S.C. § 1182(a)(1))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Having a communicable disease of public health significance
INA § 212(a)(1)(A)(i)
(8 U.S.C. § 1182(a)(1)(A)(i)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at the Department of Homeland Security's (DHS) discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b)
(8 U.S.C. § 1184(b))

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.
• Whether the act or conduct was a single event or part of a pattern of misconduct.
• Evidence of reform or rehabilitation.

(9 F.A.M. § 305.4-3(C));
see also
(9 F.A.M. § 302.2-5(D)(2)) 		A discretionary waiver may be granted to a foreign national who satisfies one of the following:
• Is, to a US citizen or lawful permanent resident (LPR), their:
• spouse;
• unmarried son or daughter; or
• minor and unmarried lawfully adopted child.
• Has a US citizen or LPR son or daughter.
• Is a battered spouse or child self-petitioner under the Violence Against Women Act (VAWA).
INA § 212(g)(1)
(8 U.S.C. § 1182(g)(1));
see also
(9 F.A.M. § 302.2-5(D)(1))
Lacking a vaccination record against specified vaccine-preventable diseases
INA § 212(a)(1)(A)(ii)
(8 U.S.C. § 1182(a)(1)(A)(ii)) 		Does not apply to adopted children under the age of ten seeking an immigrant visa as an immediate relative if the parent signs an affidavit confirming they are aware of the requirement and will obtain the vaccinations within 30 days of admission or as soon as medically appropriate
INA § 212(a)(1)(C)
(8 U.S.C. § 1182(a)(1)(C)). 		Not Applicable. A discretionary waiver may be granted to a foreign national who satisfies one of the following:
• Receives a required vaccination after failing to document a previous vaccination.
• An authorized US Citizenship and Immigration Services (USCIS) or Department of State (DOS) physician certifies that the vaccination is not medically appropriate.
• Documents to USCIS satisfaction religious beliefs or moral convictions against the vaccination.
INA § 212(g)(2)
(8 U.S.C. § 1182(g)(2));
see also
(9 F.A.M. § 302.2-6(D)(1))
Having a physical or mental disorder that poses a threat to the property, safety, or welfare of themselves or others, or have had a physical or mental disorder that is likely to recur
INA § 212(a)(1)(A)(iii)
(8 U.S.C. § 1182(a)(1)(A)(iii)). 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)).

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.
• Whether the act or conduct was a single event or part of a pattern of misconduct.
• Evidence of reform or rehabilitation.

(9 F.A.M. § 305.4-3(C);
see also
(9 F.A.M. § 302.2-7(D)(2))

Additional conditions may be placed on the foreign national by the Department of Health and Human Services (HHS)
INA § 212(g)(3)
(8 U.S.C. § 1182(g)(3)). 		A discretionary waiver may be granted after consultation with the HHS
INA § 212(g)(3)
(8 U.S.C. § 1182(g)(3));
see also
(9 F.A.M. § 302.2-7(D)).
Being a current drug abuser or addict
INA § 212(a)(1)(A)(iv)
(8 U.S.C. § 1182(a)(1)(A)(iv)). 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.
• Whether the act or conduct was a single event or part of a pattern of misconduct.
• Evidence of reform or rehabilitation.

(9 F.A.M. § 305.4-3(C); see also
(9 F.A.M. § 302.2-8(D)(2)) 		None.

Criminal and Related Grounds: INA § 212(a)(2) (8 U.S.C. § 1182(a)(2))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Having been convicted of a crime involving moral turpitude
INA § 212(a)(2)(A)(i)(I)
(8 U.S.C. § 1182(a)(2)(A)(i)(I)).		 Does not apply to a foreign national who committed only one crime if either:

• The crime was committed:
  • before the individual was 18; and
  • more than five years before the application for a visa or admission to the US.
• The term of imprisonment:
  • that may be imposed for the crime does not exceed one year; and
  • actually imposed does not exceed six months.		 The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-2(D)(2))		 A discretionary waiver may be granted if both:

• The foreign national:
  • committed the activities making her inadmissible more than 15 years before the application for a visa, admission, or adjustment of status, the admission is not contrary to the US national welfare, safety, or security, and the foreign national has been rehabilitated;
  • is the spouse, parent, son, or daughter of a US citizen or LPR who would suffer extreme hardship if the waiver is not granted; or
  • is a battered spouse or child self-petitioner under VAWA.
• DHS consents to the application for a visa, admission, or adjustment of status.

No waiver may be granted to a foreign national who has:

• Been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
• Since admission as an LPR:
 • been convicted of an aggravated felony; or
 • not resided continuously in the US for at least seven years before removal proceedings were initiated.

INA § 212(h)
(8 U.S.C. § 1182(h));
see also
(9 F.A.M. § 302.3-2(D)(1))
Having been convicted of a crime relating to a controlled substance
INA § 212(a)(2)(A)(i)(II)
(8 U.S.C. § 1182(a)(2)(A)(i)(II)).		 None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-2(D)(2))		 A discretionary waiver may be granted for a crime that relates to a single offense of simple possession of 30 grams or less of marijuana if both:

• The foreign national:
  • committed the activities making her inadmissible more than 15 years before the application for a visa, admission, or adjustment of status, the admission is not contrary to the US national welfare, safety, or security, and the foreign national has been rehabilitated;
  • is the spouse, parent, son, or daughter of a US citizen or LPR who would suffer extreme hardship if the waiver is not granted; or
  • is a battered spouse or child self-petitioner under VAWA.
• DHS consents to the application for a visa, admission, or adjustment of status.

No waiver may be granted to a foreign national who has:

• Been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
• Since admission as an LPR:
 • been convicted of an aggravated felony; or
 • not resided continuously in the US for at least seven years before removal proceedings were initiated.

INA § 212(h)
(8 U.S.C. § 1182(h));
see also
(9 F.A.M. § 302.3-2(D)(1))
Having been convicted of two or more offenses if the aggregate confinement sentences imposed are five years or more
INA § 212(a)(2)(B)
(8 U.S.C. § 1182(a)(2)(B)).		 Does not apply to purely political offenses. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-4(D)(2)) 		A discretionary waiver may be granted if both:

• The foreign national:
    • committed the activities making them inadmissible more than 15 years before the application for a visa, admission, or adjustment of status, the admission is not contrary to the US national welfare, safety, or security, and the foreign national has been rehabilitated;
    • is the spouse, parent, son or daughter of a US citizen or LPR who would suffer extreme hardship if the waiver is not granted; or
    • is a battered spouse or child self-petitioner under VAWA.
• DHS consents to the application for a visa, admission, or adjustment of status.
No waiver may be granted to a foreign national who has:
• Been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
• Since admission as an LPR:
    • been convicted of an aggravated felony; or
    • not resided continuously in the US for at least seven years before removal proceedings were initiated.

INA § 212(h)
(8 U.S.C. § 1182(h));
see also
(9 F.A.M. § 302.3-4(D)(1))
Being an illicit trafficker of controlled substances or chemicals, or a close relative who has knowingly gained a financial benefit from the trafficking
INA § 212(a)(2)(C)
(8 U.S.C. § 1182(a)(2)(C)).		 None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent (INA § 214(b)
(8 U.S.C. § 1184(b)).

(INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.4-3(D)(2))		 None.
Coming to the US to engage in prostitution or other form of commercialized vice, or engaged in prostitution or gained a financial benefit from prostitution in the ten years before the application for a visa or admission
INA § 212(a)(2)(D)
(8 U.S.C. § 1182(a)(2)(D)).		 None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)).

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-6(D)(2)) 		A discretionary waiver may be granted if both:

• The foreign national is:
    • inadmissible only under INA § 212(a)(2)(D)(i) or (ii) (8 U.S.C. §1182 (a)(2)(D)(i) or (ii)) (certain prostitution crimes), the admission is not contrary to the US national welfare, safety, or security, and the foreign national has been rehabilitated;
    • otherwise inadmissible under this section and the activities making her inadmissible occurred more than 15 years before the application for a visa, admission, or adjustment of status, the admission is not contrary to the US national welfare, safety, or security, and the foreign national has been rehabilitated;
    • the spouse, parent, son, or daughter of a US citizen or LPR who would suffer extreme hardship if the waiver is not granted; or
    • a battered spouse or child self-petitioner under VAWA.
• DHS consents to the application for a visa, admission, or adjustment of status.

No waiver may be granted to a foreign national who has:
• Been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
• Since admission as an LPR:
    • been convicted of an aggravated felony; or
    • not resided continuously in the US for at least seven years before removal proceedings were initiated.

INA § 212(h)
(8 U.S.C. § 1182(h));
see also
(9 F.A.M. § 302.3-6(D)(1))
Having committed a serious criminal offense for which they claimed immunity and departed the US
INA § 212(a)(2)(E)
(8 U.S.C. § 1182(a)(2)(E)). 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)).
Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-7(D)(2)) 		A discretionary waiver may be granted if both:

• The foreign national:
    • committed the activities making them inadmissible more than 15 years before the application for a visa, admission, or adjustment of status, the admission is not contrary to the US national welfare, safety, or security, and the foreign national has been rehabilitated;
    • is the spouse, parent, son or daughter of a US citizen or LPR who would suffer extreme hardship if the waiver is not granted; or
    • is a battered spouse or child self-petitioner under VAWA.
• DHS consents to the application for a visa, admission, or adjustment of status.

No waiver may be granted to a foreign national who has:

• Been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
• Since admission as an LPR:

    • been convicted of an aggravated felony; or
    • not resided continuously in the US for at least seven years before removal proceedings were initiated.

INA § 212(h)
(8 U.S.C. § 1182(h));
see also
(9 F.A.M. § 302.3-7(D)(1))
As a foreign government official, having carried out or being responsible for severe religious freedom violations
INA § 212(a)(2)(G)
(8 U.S.C. § 1182(a)(2)(G)).		 None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)). 		None.
Being a human trafficker, or a close relative who has knowingly gained a financial benefit from the trafficking
INA § 212(a)(2)(H)
(8 U.S.C. § 1182(a)(2)(H)).		 Does not apply to sons and daughters who were children when they gained the benefit
INA § 212(a)(2)(H)(iii)
(8 U.S.C. § 1182(a)(2)(H)(iii)).

A child is an unmarried person under 21 who satisfies certain requirements regarding parentage
INA § 101(b)(1)
(8 U.S.C. § 1101(b)(1)). 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))
Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-8(D)(2)) 		None.
Being a money launderer
INA § 212(a)(2)(I)
(8 U.S.C. § 1182(a)(2)(I)).		 None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b))).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)).

Factors considered in recommending the waiver include:

• The seriousness of the acts or condition causing the inadmissibility and how recently they occurred.
• The reasons for travel to the US.
• The planned travel's effect on US public interests.

(9 F.A.M. § 302.3-9(C)(2)) 		None.

Security and Related Grounds: INA § 212(a)(3) (8 U.S.C. § 1182(a)(3))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Coming to the US to engage in one of the following:

• Espionage or sabotage.
• Unlawfully exporting goods, technology, or sensitive information.
• Opposing or overthrowing the US government.

INA § 212(a)(3)(A)
(8 U.S.C. § 1182(a)(3)(A))		 None. None. None.
Having engaged in or being likely to engage in a terrorist activity
INA § 212(a)(3)(B)(i)(I), (II)
(8 U.S.C. § 1182(a)(3)(B)(i)(I), (II)) 		None.
Exemptions may apply; see
(9 F.A.M. § 302.6-2(B)(5)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-2(D)(2)) 		None.
Indicating an intent to cause death or serious bodily harm or incite terrorism
INA § 212(a)(3)(B)(i)(III)
(8 U.S.C. § 1182(a)(3)(B)(i)(III)) 		None.
Exemptions may apply; see
(9 F.A.M. § 302.6-2(B)(5)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-2(D)(2)) 		None.
Being a representative of, member of, or individual associated with a terrorist organization or group espousing terrorism
INA § 212(a)(3)(B)(i)(IV), (V), and (VI)
(8 U.S.C. § 1182(a)(3)(B)(i)(IV), (V), and (VI)) 		None.
Exemptions may apply; see
(9 F.A.M. § 302.6-2(B)(5)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-2(D)(2)) 		None.
Endorsing or persuading others to endorse terrorist activity or support a terrorist organization
INA § 212(a)(3)(B)(i)(VII)
(8 U.S.C. § 1182(a)(3)(B)(i)(VII)) 		None.
Exemptions may apply; see
(9 F.A.M. § 302.6-2(B)(5)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-2(D)(2)) 		None.
Receiving military-type training from or for a terrorist organization
INA § 212(a)(3)(B)(i)(VIII)
(8 U.S.C. § 1182(a)(3)(B)(i)(VIII)) 		None.
Exemptions may apply; see
(9 F.A.M. § 302.6-2(B)(5)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-2(D)(2)) 		None.
Being the spouse or child of anyone found inadmissible in the prior five years under
INA § 212(a)(3)(B)
(8 U.S.C. § 1182(a)(3)(B))
INA § 212(a)(3)(B)(i)(IX)
(8 U.S.C. § 1182(a)(3)(B)(i)(IX))		 Does not apply if the spouse or child either:

• Did not know or could not have known of the inadmissible activity.
• Have renounced the activity.

INA § 212(a)(3)(B)(ii)
(8 U.S.C. § 1182(a)(3)(B)(ii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-2(D)(2)) 		None.
Being someone who may have potentially serious adverse effects on US foreign policy
INA § 212(a)(3)(C)(i)
(8 U.S.C. § 1182(a)(3)(C)(i)) 		Does not apply to certain government officials or candidates or private individuals for statements, beliefs, or associations that would be lawful in the US
INA § 212(a)(3)(C)(ii), (iii)
(8 U.S.C. § 1182(a)(3)(C)(ii), (iii)) 		None. None.
Being a current or prior member or affiliate of the Communist or other totalitarian party
INA § 212(a)(3)(D)(i)
(8 U.S.C. § 1182(a)(3)(D)(i))
 Does not apply to certain situations of:

• Involuntary membership
INA § 212(a)(3)(D)(ii)
(8 U.S.C. § 1182(a)(3)(D)(ii))
• Past membership
INA § 212(a)(3)(D)(iii)
(8 U.S.C. § 1182(a)(3)(D)(iii)) 		Not applicable. A waiver may be granted for immigrants who have close family members who are US citizens or LPRs
INA § 212(a)(3)(D)(iv)
(8 U.S.C. § 1182(a)(3)(D)(iv));
see also
(9 F.A.M. § 302.5-6(D)(1))
Having directed or engaged in Nazi persecution, genocide, or an act of torture or extrajudicial killing between March 23, 1933 and May 8, 1945
INA § 212(a)(3)(E)
(8 U.S.C. § 1182(a)(3)(E)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. In this category, it is available only for persons who directed or engaged in an act of torture or extrajudicial killing. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b))

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)) 		None.
Being a current or past associate of a terrorist organization intending to enter the US to engage in activities that may endanger the welfare, safety, or security of the US
INA § 212(a)(3)(F)
(8 U.S.C. § 1182(a)(3)(F)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b))

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.6-3(D)(2)) 		None.
Having recruited or used child soldiers
INA § 212(a)(3)(G)
(8 U.S.C. § 1182(a)(3)(G)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b))

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.7-3(D)(2)) 		None.

Public Charge Ground: INA § 212(a)(4) (8 U.S.C. § 1182(a)(4))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Being likely to become a public charge (someone primarily dependent on the government for subsistence)
INA § 212(a)(4)
(8 U.S.C. § 1182(a)(4)).

For information on how this ground is applied, see Practice Note, Assessing A Foreign National's Financial Solvency: The Public Charge Ground of Inadmissibility: Legacy Guidance Interpreting Public Charge Ground. 		Does not apply to certain classes of intending immigrants (people intending to become immigrants or green card holders) including those whose visa applications are backed by affidavits of support under INA § 213A
(8 U.S.C. § 1183a)
INA § 212(a)(4)(C),(D)
(8 U.S.C. § 1182(a)(4)(C), (D)).
Certain other nonimmigrants and immigrants are exempt from this section INA § 212(a)(4)(E)
(8 U.S.C. § 1182(a)(4)(E)); see also
(9 F.A.M. § 302.8-2(B)(6)). 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3))

However, NIV waivers on this ground are unlikely and many applicants who are ineligible under this section are likely ineligible under INA § 214(b)
(8 U.S.C. § 1184(b)), which cannot be waived
(9 F.A.M. § 302.8-2(E)(2)). 		None.

Labor Certification and Employment Skills Grounds: INA § 212(a)(5) (8 U.S.C. § 1182(a)(5))

Exception NIV Waivers NIV Waivers IV Waivers
Seeking to perform skilled or unskilled labor without obtaining a labor certification
INA § 212(a)(5)(A)
(8 U.S.C. § 1182(a)(5)(A)). 		This admissibility ground applies only to employment-based immigrant sponsorship under INA § 203(b)(2), (3)
(8 U.S.C. § 1153(b)(2), (3))

INA § 212(a)(5)(D)
(8 U.S.C. § 1182(a)(5)(D)). 		Not applicable. None. See Key Immigrant Visa Classifications Chart: Box, Waivers of LC Requirement Through NIW and DOL Schedule A.
Being a graduate of an accredited medical school seeking employment as a medical professional without passing scores in medical and language proficiency examinations. None. Not applicable. None.
Seeking employment as a health care worker (other than a physician) without a certificate from the appropriate credentialing organization about the worker's skills, language proficiency, and licensing. None. Discretionary waiver available on a case-by-case basis
(9 F.A.M. § 302.1-7(D)(2)). 		None.

Illegal Entrant and Immigration Violator Grounds: INA § 212(a)(6) (8 U.S.C. § 1182(a)(6))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Being present without being lawfully admitted or paroled to the US
INA § 212(a)(6)(A)(i)
(8 U.S.C. § 1182(a)(6)(A)(i)) 		Does not apply to certain battered women and children under VAWA
INA § 212(a)(6)(A)(ii)
(8 U.S.C. § 1182(a)(6)(A)(ii)). 		Not applicable. None.
Skipping a scheduled removal hearing without reasonable cause
INA § 212(a)(6)(B)
(8 U.S.C. § 1182(a)(6)(B)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent (INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.9-3(D)(2)) 		None.
Fraudulently or willfully misrepresenting a material fact in seeking a visa, status, or other immigration benefit
INA § 212(a)(6)(C)(i)
(8 U.S.C. § 1182(a)(6)(C)(i)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
(INA § 214(b)
(8 U.S.C. § 1184(b))).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.9-4(D)(2)) 		A discretionary waiver may be granted if both:

• The foreign national is the spouse, son, or daughter of a US citizen or LPR.
• The foreign national's inadmissibility would result in extreme hardship to the US citizen or LPR family member.
A VAWA self-petitioner must show that inadmissibility would cause extreme hardship to either:

• The self-petitioning foreign national.
• A US citizen, LPR or qualified foreign parent or child.

INA § 212(i)
(8 U.S.C. § 1182(i));
see also
(9 F.A.M. § 302.9-4(D)(1))
Falsely claiming US citizenship
INA § 212(a)(6)(C)(ii)
(8 U.S.C. § 1182(a)(6)(C)(ii)) 		Does not apply if the individual:

• Has two natural parents, each of whom is or was a US citizen.
• Lived in the US before the age of 16.
• Reasonably believed she was a US citizen when making the claim.

INA § 212(a)(6)(C)(iii)
(8 U.S.C. § 1182(a)(6)(C)(iii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.9-5(D)(2)) 		None.
Being a stowaway
INA § 212(a)(6)(D)
(8 U.S.C. § 1182(a)(6)(D)) 		None. Not applicable. None.
Encouraging, inducing, assisting, abetting, or aiding any other foreign national to illegally enter or try to enter the US
INA § 212(a)(6)(E)(i)
(8 U.S.C. § 1182(a)(6)(E)(i)) 		Does not apply in certain instances of family reunification
INA § 212(a)(6)(E)(ii)
(8 U.S.C. § 1182(a)(6)(E)(ii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b) (8 U.S.C. § 1184(b)).
INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see also (9 F.A.M. § 302.9-7(D)(2))

This waiver is available to an LPR who:

• Temporarily leaves the US voluntarily (and not under a removal order).
• Is otherwise admissible to the US if the foreign national violated this section of the INA only for an individual who was, at the time of the action, one of the following (and no other relationship) to the foreign national:
    • spouse;
    • parent; or
    • son or daughter.

The waiver may be granted at DHS's discretion:

• For humanitarian purposes.
• To assure family unity.
• When it is otherwise in the public interest.

INA § 212(d)(11)
(8 U.S.C. § 1182(d)(11));
see also
(9 F.A.M. § 302.9-7(D)(1))
Being subject to a final civil penalty order for a document fraud violation under INA § 274C
(8 U.S.C. § 1324c)
INA § 212(a)(6)(F)(i)
(8 U.S.C. § 1182(a)(6)(F)(i)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
(INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3) (8 U.S.C. § 1182(d)(3)); see (9 F.A.M. § 302.9-8(D)(2))

 This waiver is available to an LPR who:

• Temporarily leaves the US voluntarily (and not under a removal order).
• Is otherwise admissible to the US if the foreign national has never previously been assessed a civil penalty and this crime was solely committed to assist, aid, or support entry to the US in violation of this section of the law only for the foreign national's spouse or child (and no other individual).

The waiver may be granted at DHS's discretion:

• For humanitarian purposes.
• To assure family unity.

INA § 212(d)(12)
(8 U.S.C. § 1182(d)(12));
see
(9 F.A.M. § 302.9-8(D)(1))
Requesting readmission to the US before five years of living continuously outside of the US after violating a term or condition of a student visa
INA § 212(a)(6)(G)
(8 U.S.C. § 1182(a)(6)(G)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
9 F.A.M. § 302.9-9(D)(2)) 		None.

Required Document Grounds: INA § 212(a)(7) (8 U.S.C. § 1182(a)(7))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Lacking acceptable documents for admission to the US as an immigrant
INA § 212(a)(7)(A)(i)
(8 U.S.C. § 1182(a)(7)(A)(i)) 		None. Not applicable. A discretionary waiver may be granted to admit an otherwise inadmissible foreign national with an immigrant visa if the ground of inadmissibility was not known to, and could not have been determined by reasonable diligence by, the immigrant before leaving the foreign location for entry to the US
INA § 212(k)
(8 U.S.C. § 1182(k));
see also
(9 F.A.M. § 302.1-3(D)(1)).
Lacking acceptable documents for admission to the US as a nonimmigrant
INA § 212(a)(7)(B)(i)
(8 U.S.C. § 1182(a)(7)(B)(i)) 		None. This ground of inadmissibility may be waived by a joint decision of DHS and the US Secretary of State for one of the following reasons:

• Due to an individualized unforeseen emergency.
• Based on reciprocity for nationals of foreign contiguous territories or adjacent islands.
• For immediate and continuous transit through the US under authorized contracts
INA § 233(c)
(8 U.S.C. § 1223(c)).

Nonimmigrant visa requirements are also waived for entrants under visa waiver programs generally and for Guam and the Northern Mariana Islands specifically
INA § 217
(8 U.S.C. § 1187)
and INA § 212(l)
(8 U.S.C. § 1182(l));
see also
(9 F.A.M. § 302.1-4(D)(2)). 		Not applicable.

Citizenship Ineligibility Grounds: INA § 212(a)(8) (8 U.S.C. § 1182(a)(8))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Being permanently ineligible for citizenship under
INA §§ 314 and 315
(8 U.S.C. §§ 1425 and 1426)
INA § 212(a)(8)(A)
(8 U.S.C. § 1182(a)(8)(A)) 		None. None. None.
Being a draft evader
INA § 212(a)(8)(B)
(8 U.S.C. § 1182(a)(8)(B)) 		Does not apply to evaders who left the US as a nonimmigrant and are seeking reentry to the US as a nonimmigrant. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
(INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.10-3(D)(2)) 		None.

Foreign Nationals Previously Removed Grounds: INA § 212(a)(9) (8 U.S.C. § 1182(a)(9)

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Seeking admission within five years of an expedited removal order (a type of removal order that is issued when an applicant is requesting admission to the US)
INA § 212(a)(9)(A)(i)
(8 U.S.C. § 1182(a)(9)(A)(i)).
 Does not apply if the US Attorney General consents to the new application for admission
INA § 212(a)(9)(A)(iii)
(8 U.S.C. § 1182(a)(9)(A)(iii)). 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)) 		None.
Seeking admission in one of the following circumstances:

• Within ten years of being ordered removed.
• Within 20 years of a second or subsequent removal order.
• At any time, if the foreign national was convicted of an aggravated felony (defined at INA § 101(a)(43)
(8 U.S.C. § 1101(a)(43))).

INA § 212(a)(9)(A)(ii)
(8 U.S.C. § 1182(a)(9)(A)(ii)) 		Does not apply if the US Attorney General consents to the new application for admission
INA § 212(a)(9)(A)(iii)
(8 U.S.C. § 118(a)(9)(A)(iii)). 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent
INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3)) 		None.
Seeking admission within either:

• Three years of voluntarily leaving the US after being unlawfully present for between 180 and 364 days
INA § 212(a)(9)(B)(i)(I)
(8 U.S.C. § 1182(a)(9)(B)(i)(I)).
• Ten years of removal or departure from the US after being unlawfully present for one year or more
INA § 212(a)(9)(B)(i)(II)
(8 U.S.C. § 1182(a)(9)(B)(i)(II)). 		Does not apply to certain:

• Minors.
• Asylees.
• Family unity protection beneficiaries.
• Battered women and children.
• Victims of severe trafficking in persons.

INA § 212(a)(9)(B)(iii)
(8 U.S.C. § 1182(a)(9)(B)(iii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:
• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b) (8 U.S.C. § 1184(b)).
INA § 212(d)(3) (8 U.S.C. § 1182(d)(3))
 DHS has sole discretion to waive unlawful presence after a showing that:

• The foreign national is:
  • an intending immigrant; and
  • the spouse or son or daughter of a US citizen or LPR.
• The foreign national's US citizen or LPR spouse or parent would suffer extreme hardship if the foreign national is not admitted to the US.

INA § 212(a)(9)(B)(v)
(8 U.S.C. § 1182(a)(9)(B)(v));
see also
(9 F.A.M. § 302.11-3(D)(1))
Being present in the US, or attempting to enter the US without inspection by US Customs and Border Protection, and previously either:

• Unlawfully present in the US for one year or more.
• Ordered removed.

INA § 212(a)(9)(C)(i)
(8 U.S.C. § 1182(a)(9)(C)(i)) 		Does not apply if both:

• More than ten years have passed since the individual's last departure from the US.
• USCIS has authorized the application for admission.

INA § 212(a)(9)(C)(ii)
(8 U.S.C. § 1182(a)(9)(C)(ii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.11-4(D)(2))
 May request permission to reapply.

A waiver is available to a VAWA battered spouse or child self-petitioner if there is a connection between the foreign national's:

• Battering or subjection to extreme cruelty.
• Removal, departure from the US, or reentry or attempted reentry into the US.

INA § 212(a)(9)(C)(iii)
(8 U.S.C. § 1182(a)(9)(C)(iii));
see also
(9 F.A.M. § 302.11-4(D)(1))

Miscellaneous Grounds: INA § 212(a)(10) (8 U.S.C. § 1182(a)(10))

Applicants with the following characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Grounds and waivers may be found at INA § 212 (8 U.S.C. § 1182).

Grounds of Inadmissibility Exception NIV Waivers IV Waivers
Practicing polygamy
INA § 212(a)(10)(A)
(8 U.S.C. § 1182(a)(10)(A)) 		None. Not applicable. None.
Being a necessary and certified guardian of another inadmissible foreign national
INA § 212(a)(10)(B)
(8 U.S.C. § 1182(a)(10)(B)) 		None. Discretionary at entry. None.
Detaining or retaining outside the US a US citizen child for whom a custody order has been granted to another party and anyone supporting or assisting the abductors
INA § 212(a)(10)(C)(i), (ii)
(8 U.S.C. § 1182(a)(10)(C)(i), (ii)) 		Does not apply to certain US or foreign government officials or if the child is located in a state that is a party to the international child abduction convention
INA § 212(a)(10)(C)(iii)
(8 U.S.C. § 1182(a)(10)(C)(iii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b) (8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.12-4(D)(2)) 		None.
Voting in violation of any federal, state, or local law
INA § 212(a)(10)(D)(i)
(8 U.S.C. § 1182(a)(10)(D)(i)). 		Does not apply if the individual:

• Has two natural parents, each of whom is or was a US citizen.
• Lived in the US before the age of 16.
• Reasonably believed she was a US citizen when making the claim.

INA § 212(a)(10)(D)(ii)
(8 U.S.C. § 1182(a)(10)(D)(ii)) 		The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting a nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.12-5(D)(2)) 		None.
Having renounced US citizenship to avoid US taxation
INA § 212(a)(10)(E)
(8 U.S.C. § 1182(a)(10)(E)) 		None. The general NIV waiver provides a limited waiver for many of the inadmissibility bars when the applicant is requesting an NIV. It is requested by a consular officer and may be granted at DHS's discretion. The foreign national must:

• Be otherwise qualified for the requested NIV.
• Not be inadmissible for possessing immigrant intent when requesting nonimmigrant status that requires nonimmigrant intent INA § 214(b)
(8 U.S.C. § 1184(b)).

INA § 212(d)(3)
(8 U.S.C. § 1182(d)(3));
see also
(9 F.A.M. § 302.12-6(D)(2)) 		None.

Other Select Grounds of Inadmissibility

Applicants with the following select characteristics are generally inadmissible to the US, unless an exception applies to the individual or the applicant obtains a waiver.

Ground of Inadmissibility Exception NIV Waivers IV Waivers
Practicing polygamy
INA § 212(a)(10)(A)
(8 U.S.C. § 1182(a)(10)(A)) 		None. None. Not applicable.
Having knowingly made a frivolous asylum application
INA § 208(d)(6)
(8 U.S.C. § 1158(d)(6)) 		None. None. None.
Being subject to a presidential proclamation suspending entry or imposing other restrictions
INA § 212(f)
(8 U.S.C. § 1182(f)) 		None. None. None.
Having overstayed a visa
INA § 222(g)
(8 U.S.C. § 1202(g)) 		Foreign nationals in a diplomatic visa classification (including A, G, or NATO classifications) may be exempt from this section. Waivers are not available. However, the requirement that the foreign national must reapply for a visa at a US consulate in the country of his nationality (or a consulate designated by the State Department if that country does not have a consulate) may be overcome if the State Department determines that extraordinary circumstances with compelling humanitarian or national interests exist. Extraordinary circumstances include:

• A physician serving in a medically under-served area.
• A foreign national with a residence in a third country.
• A foreign national applying for a diplomatic visa.
• Other circumstances, as determined by consular officers on a case-by-case basis.

(9 F.A.M. § 302.1-9(D)(2)) 		Not applicable.