Ineligibilities and Waivers
Ineligibilities
In order to protect the health, welfare, and security of the United States, our immigration laws prohibit the issuance of visas to certain applicants. Examples of applicants who are ineligible to receive immigrant visas include those who have:
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a communicable disease such as tuberculosis
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a dangerous mental disorder
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an addiction to illegal narcotics
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committed serious criminal acts
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are terrorists, subversives, members of a totalitarian party; or former Nazi war criminals
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used illegal means to enter the U.S.
Physicians who intend to practice medicine in the U.S. must pass a qualifying exam before receiving immigrant visas. Some former exchange visitors must live abroad two years before they are eligible for immigrant visas.
Waivers
Some applicants who are ineligible to receive an immigrant visa may be considered for a waiver. At the time of the interview, the consular officer will advise the applicant if the law provides for some form of waiver. Please keep in mind that only consular officers can determine if an applicant is eligible for a waiver. Please do not file for waivers before the consular officer has made that determination.
In order to apply for a waiver, you must submit a Form I-601 (Waiver of Ground of Excludability) to the Immigrant Visa Unit, along with the non-refundable waiver application fee of US$585. In addition, some waivers require you to show that your exclusion from the U.S. would cause extreme hardship to your U.S. Citizen or Legal Permanent Resident spouse, parent, son or daughter. And some waivers require action by the Centers for Disease Control and Prevention and a medical doctor. There may also be other requirements. The consular officer will tell you whether a waiver is available in your case and, if so, will give you instructions on how to apply.
Waivers can only be approved by USCIS. There is no guarantee that USCIS will approve a waiver.
Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K visa, must send their waiver applications.
For U.S. Postal Service:
USCIS
P.O. Box 21600
Phoenix, AZ 85036
For Express mail or Courier deliveries:
USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034
Immigrant Visa or K visa applicants should NOT file stand-alone I-212s with the USCIS Lockbox. Such applicants should file stand alone I-212s according to the form instructions available at uscis.gov/i-212