A waiver is, in effect, forgiveness for either a ground of inadmissibility or deportability. There are situations where a person who is seeking admission into the United States is not allowed to do so unless a waiver is granted. For example, a person may have committed visa fraud, helped aliens to enter the US without inspection, have been in the United States unlawfully for a period of time, or have committed criminal offenses. Or, a person may already be in the United States, but should have been found to be inadmissible. In other words, they were wrongfully admitted to the United States and can be put into removal proceedings. A waiver would be filed using Form I-601 Waiver with a supporting brief and other documentation in an attempt to excuse the immigration problem. Some grounds of inadmissibility cannot be waived, and they will not be allowed to immigrate with a visa through a family petition.

Respondents facing removal in immigration court may be able to adjust status based on marriage to a U.S. citizen. Adjustment of status is a procedure that permits an admissible foreign national to obtain lawful permanent residence (i.e., a green card) without leaving the United States.

Although you may be a lawful permanent resident, that is, you have been issued a “green card”, you may still be subject to deportation for commission of certain crimes. However, through cancellation of removal for lawful permanent residents, you may be permitted to remain in the United States if a waiver is granted by an Immigration Judge.