Waiver of Inadmissibility; Waiver of Excludability

The Immigration and Nationality Act provides that certain foreign nationals are ineligible to obtain permanent residency unless a waiver of inadmissibility or excludability is granted. Foreign nationals may be excludable for the following reasons:

• Health-related grounds such as testing positive for communicable disease;
• Criminal and related grounds such as being convicted of a crime of moral turpitude, possession or sale of a controlled substance or other serious crime;
• Security and related grounds such as a person seeking to enter for the purpose of espionage, sabotage or terrorism;
• Public charge grounds;
• Illegal entrants and immigration violators;
• Falsely Claims of US Citizenship; or
• Other Miscellaneous grounds.

If you are inadmissible to the US, you may still be able to obtain a marriage green card because the law provides for a waiver of inadmissibility. For example, the law designated those with HIV to be inadmissible to the US. Therefore, if you are HIV positive, then you cannot obtain a green card. However, you may apply for a waiver and if approved, may still obtain a green card even with HIV positive status.

If you are worried that your criminal record or previous immigration history may be a bar to your obtaining permanent residency, you may be surprised to find out that you are eligible for a waiver of inadmissibility and can apply for a green card without leaving the United States.

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