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NIV Waivers
IV Waivers
Communicable Disease
of Public Health
Significance
(INA 212(a)(1)(A)(i);
(9 FAM 40.11)
Not Applicable.
1. If alien receives
vaccines that are
of Vaccination
initially missing, a
waiver may be
approved by the
consular officer under a
blanket delegation of
authority by USCIS. (9
FAM 40.11 N12.5-1;
INA 212(g)(2)(A))
INA 212(a)(1)(A)(ii)
(INA 212(a)(1)(A)(iii);
(9 FAM 40.11)
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
Disorder and Behavior
Associated with the
Disorder Which May
Pose, or Has Posed a
Threat, to Property or
Safety, of the Applicant
or Others and Which is
Likely to Recur
212(d)(3)(A) waiver is
available, subject to
conditions proposed by
the Department of
Health and Human
Services (HHS), such as
a requirement that a
family member or
medical escort
accompany the
applicant.
(INA 212(a)(1)(A)(iii);
212(d)(3)(A) waiver
available upon
recommendation of the
consular officer to
DHS/USCIS. (9 FAM
40.11 N13.2 and N14)
No waiver is available.
However, a CLASS A
inadmissibility finding
by the panel physician
may be overcome in
the future according to
CDC guidelines. (9 FAM
40.11 N13.2)
9 FAM 40.11)
Drug Abuser or Addict,
one who has engaged in
non-medical use of a
controlled substance.
(INA 212(a)(1)(A)(iv);
(9 FAM 40.11 N12)
NIV Waivers
IV Waivers
(INA
212(a)(2)(A)(i)(I);
9 FAM 40.21(a))
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
Violators
(INA
212(a)(2)(A)(i)(II));
Factors to consider in
deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character, and
the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
(9 FAM 40.21(b))
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
Convictions
(INA 212(a)(2)(B));
Factors to consider in
deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character, and
the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
or criminal acts
involving torture.
Controlled Substance
Traffickers and the
Spouse, Son, or
Daughter of Substance
Traffickers Who
Obtained Financial or
other Benefit and Knew
or have Known that the
Financial Benefit was
the Product of Illicit
Activity within the Past
Five Years
(INA 212(a)(2)(C));
No waiver is available.
Factors to consider in
deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character, and
the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
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
in Serious Criminal
Activity Who Have
Asserted Immunity
from Prosecution
(INA 212(a)(2)(E))
(9 FAM 40.25)
torture, or conspiracy to
commit either murder
or criminal acts
involving torture.
Foreign Government
Officials Who Have
Committed Particularly
Severe Violations of
Religious Freedom
No waiver is available.
No waiver is available.
(INA 212(a)(2)(G));
(9 FAM 40.26)
Significant Traffickers
in Persons and
Beneficiaries, Certain
Family Members of
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)
NIV Waivers
IV Waivers
General Prejudicial
Activities: Espionage,
Sabotage, or Prohibited
Export of Sensitive
Technology, or
Sensitive Information
No waiver is available
but inadmissibility
applies only to current
circumstances.
Mandatory Security
Advisory Opinion (SAO)
9 FAM 40.6 Exhibit I Page 8 of 23
required for
inadmissibility finding.
(INA 212(a)(3)(A));
(9 FAM 40.31)
Terrorist Activities
No waiver is available.
No waiver is available
but inadmissibility
applies to current
circumstances. SAO
mandatory.
(INA 212(a)(3)(B));
(9 FAM 40.32)
Entry Would Have
Potentially Serious
Adverse Foreign Policy
Consequences
(INA 212(a)(3)(C));
(9 FAM 40.33)
Membership or
Affiliation with
Communist or Other
Totalitarian Party,
Domestic or Foreign
(applies only to
immigrants)
INA 212(a)(3)(D)
waiver available. Also,
there are exceptions
contained in INA
212(a)(3)(D) relating to
past membership
and/or involuntary
membership.
(INA 212(a)(3)(D));
(9 FAM 40.34)
Participation in Nazi
Persecutions or
Genocide and
Commission of Acts of
Torture or Extrajudicial
Killings
No waiver is available.
(INA 212(a)(3)(E));
(9 FAM 40.35(a) and
9 FAM 40.35(b))
Associations with
Terrorist Organizations
No waiver is available.
SAO mandatory
(INA 212(a)(3)(F));
(9 FAM 40.36)
Recruitment or Use of
Child Soldiers
(INA 212(a)(3)(G));
SAO mandatory
No waiver is available.
(9 FAM 40.38)
PUBLIC CHARGE
Class of Inadmissibility
NIV Waivers
IV Waivers
Public Charge
(INA 212(a)(4)(A));
No waiver is available.
Applicants may
overcome the finding by
presenting evidence to
convince you that the
inadmissibility no longer
applies. While there
are provisions for
overcoming the
inadmissibility by
posting a bond with
DHS, the applicant is
still subject to Affidavit
of Support (AOS) and
income requirements.
Consequently, there are
(9 FAM 40.41)
few circumstances in
which a bond would be
offered as an
alternative to the AOS.
NIV Waivers
IV Waivers
No waiver is available at
time of visa application.
However, under INA
212(k), DHS may waive
this inadmissibility for
an IV holder at the port
of entry.
No waiver is available.
Discretion must be
applied on a case-bycase basis; reference 9
FAM 40.53 N3.
No waiver is available,
but this can be
overcome. See 9 FAM
40.53 N1.
(INA 212(a)(5)(A));
(9 FAM 40.51)
Unqualified Physicians
(INA 212(a)(5)(B));
(9 FAM 40.52)
Uncertified Foreign
Health Care Workers
(INA 212(a)(5)(C));
(9 FAM 40.53 Notes)
NIV Waivers
IV Waivers
No waivers available.
Inadmissibility apples for
5 years following
departure or removal
subsequent to removal
hearing.
INA 212(i)
No waiver available.
(INA 212(a)(6)(A));
(9 FAM 40.61)
Failure to Attend a
Removal Proceeding
(INA 212(a)(6)(B));
(9 FAM 40.62)
Fraud and
Misrepresentation
(INA 212(a)(6)(C)(i));
(9 FAM 40.63)
False Claim of
Citizenship
(INA 212(a)(6)(C)(ii));
(9 FAM 40.63)
Stowaways
deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character,
and the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
This ground does not
apply at time of visa
application.
1. INA 212(d)(11)
waiver available. DHS
may grant a waiver to
an applicant for familybased immigration if the
alien applicant had aided
an individual who at the
time of such action was
the aliens spouse,
parent, son, or daughter
entering or attempting
to enter the United
States in violation of the
law. The brother or
sister of a U.S. citizen is
not eligible for this
waiver.
(INA 212(a)(6)(D));
(9 FAM 40.64)
(INA 212(a)(6)(E));
(9 FAM 40.65)
(INA 212(a)(6)(F));
(9 FAM 40.66 Notes)
INA 212(d)(3)(A)waiver
available. Factors to be
considered in deciding
whether to recommend
the waiver include the
nature and date of the
offense, possible
rehabilitation of the
aliens character, and
the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
(INA 212(a)(6)(G));
(9 FAM 40.67)
No waiver is available.
DOCUMENTATION REQUIREMENTS
Class of Inadmissibility
NIV Waivers
IV Waivers
No Entry Documents
Immigrants
Not applicable.
No waiver is available at
time of visa application.
However, under INA
212(k), DHS may waive
this inadmissibility for
an IV holder at the port
of entry.
Not applicable.
(INA 212(a)(7)(A));
(9 FAM 40.71)
Nonimmigrants Not in
Possession of Passport
Valid for Six Months of
Nonimmigrant Visa or
Border Crossing Card
(INA 212(a)(7)(B));
(9 FAM 40.72 Notes)
1. On the basis of
unforeseen emergency
in individual cases; or
2. On the basis of
reciprocity to nationals
of a foreign contiguous
territory or of adjacent
islands (and residents of
those territories or
islands having a
common nationality with
such nationals).
NIV Waivers
IV Waivers
Permanently Ineligible
for Citizenship
(Immigrant Visas)
Not applicable.
No waiver is available.
INA 212(c) relief is
available for certain
returning residents.
Advisory Opinion
required.
No waiver is available.
INA 212(c) relief is
available for certain
returning residents.
(INA 212(a)(8)(A));
(9 FAM 40.81 Notes)
Any Alien Who
Departed from or
Remained Outside the
United States to Avoid
Service in the Armed
Forces in Time of War
or National Emergency
(INA 212(A)(8)(B));
(9 FAM 40.82 Notes)
NIV Waivers
IV Waivers
Aliens Previously
Removed
(INA 212(a)(9)(A));
(9 FAM 40.91)
Aliens Unlawfully
Present
(INA 212(a)(9)(B));
(9 FAM 40.92 Notes)
be considered in
deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character,
and the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
Additionally, an
approved Form I-212,
(Permission to Reapply
for Admission into the
United States after
Deportation or Removal)
removes this ground,
but not the
circumstances which led
to it.
INA 212(d)(3)(A)
Factors to be considered
in deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character,
and the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
Additionally, an
approved Form I-212
(Permission to Reapply)
for Admission into the
United States after
Deportation or Removal)
removes this ground,
but not the
circumstances which led
to it.
Aliens Unlawfully
Present After Previous
Immigration Violations
(INA 212(a)(9)(C));
(9 FAM 40.93 Notes)
MISCELLANEOUS
Class of Inadmissibility
NIV Waivers
IV Waivers
Practicing Polygamists
Not applicable.
No waiver is available.
(INA 212(a)(10)(A));
(9 FAM 40.101)
Guardian Required to
Accompany Helpless
Alien
212(d)(3)(A) waiver is
available.
No waiver is available.
(INA 212(a)(10)(B));
(9 FAM 40.102)
International Child
Abduction
(INA 212(a)(10)(C));
(9 FAM 40.103 Notes)
Unlawful Voters
(INA 212(a)(10)(D));
(9 FAM 40.104 Notes)
Factors to be considered
in deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character,
and the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
212(d)(3)(A) waiver is
available.
No waiver is available.
Factors to be considered
in deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character,
and the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
(INA 212(a)(10)(E));
(9 FAM 40.105 Notes)
212(d)(3)(A) waiver is
available.
No waiver is available.
Factors to be considered
in deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the aliens character,
and the necessity for, or
urgency of, the aliens
proposed trip to the
United States.
OTHER INADMISSIBILITIES
Class of Inadmissibility
NIV Waivers
IV Waivers
Educational Visitor
Status: Foreign
Residence
Requirement; Waivers
No waiver is available.
Not Applicable.
(INA 212(e));
(9 FAM 40.202)
Presumption of
Immigrant Status
(INA 214(b));
(9 FAM 40.203 Notes)
No waiver is available.
No waiver is available.
No waiver is available.
No waiver is available.
No waiver is available.
No waiver is available.
No waiver is available.
(INA 208(d)(6));
(9 FAM 40.206)
Aliens Involved in
Confiscation of
Property of U.S.
Nationals
Aliens Involved in
Political Killings
(INA 212(f))
Visa Overstay
(INA 222(g));
Not applicable.
Not applicable.
Not applicable.
Persons Engaged in
Forced Abortions or
Sterilization
(8 U.S.C. 1182(e))
(8 U.S.C. 1182(f))
Persons Credibly
Alleged to Have Aided
and Abetted Colombian
Insurgent and
Paramilitary Groups
1. If the Secretary of
State finds, on a case by
case basis, that the
entry into the United
States of a person who
would otherwise be
inadmissible under this
section is necessary for
medical reasons.
No waiver is available.
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.