The Waiver of Grounds of Inadmissibility is a critical document in U.S. immigration law that allows individuals who are otherwise inadmissible to the United States to request permission to enter or remain in the country. This document becomes necessary when an individual is found to be inadmissible under one or more grounds specified in the Immigration and Nationality Act, such as certain criminal convictions, fraud or misrepresentation, health-related grounds, or unlawful presence. The waiver request must be filed with USCIS and requires substantial supporting documentation, including evidence of extreme hardship to qualifying U.S. relatives in many cases. The document follows federal jurisdiction and must comply with specific requirements outlined in the INA and related regulations. Different types of waivers may be available depending on the specific ground of inadmissibility and the individual's immigration status or intended visa category.
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1. Applicant Information: Personal details of the applicant including full name, alien registration number, date of birth, and current address
2. Ground(s) of Inadmissibility: Clear identification and description of the specific ground(s) of inadmissibility that apply to the applicant
3. Basis for Waiver Request: Legal basis under which the waiver is being requested, citing relevant sections of the INA
4. Statement of Qualifying Relatives: Information about U.S. citizen or LPR family members who would suffer extreme hardship if the waiver is not granted
5. Hardship Documentation: Detailed explanation of the extreme hardship that would be suffered by qualifying relatives
6. Discretionary Factors: Positive factors that merit favorable exercise of discretion, including rehabilitation evidence, family ties, and community involvement
7. Declaration Under Penalty of Perjury: Sworn statement attesting to the truthfulness of the information provided
1. Criminal History Analysis: Detailed analysis of criminal convictions and rehabilitation evidence, required only for criminal inadmissibility grounds
2. Medical Documentation: Required only for health-related grounds of inadmissibility
3. Fraud Analysis: Detailed explanation of previous immigration violations or misrepresentations, required only for fraud-related inadmissibility
4. Employment History: Required when demonstrating ties to the community or ability to support family members
5. Country Conditions: Analysis of conditions in home country, required when relevant to hardship determination
1. Schedule A - Supporting Documents: Index and copies of all supporting documentation including birth certificates, marriage certificates, and other relevant official documents
2. Schedule B - Medical Records: Copies of relevant medical records and evaluations, if applicable to the case
3. Schedule C - Financial Documentation: Evidence of financial hardship and/or ability to support family, including tax returns and employment verification
4. Schedule D - Character References: Letters from community members, employers, and other character witnesses
5. Appendix 1 - Country Condition Reports: Relevant reports and documentation about conditions in the applicant's home country
6. Appendix 2 - Legal Precedent: Copies of relevant case law and legal precedents supporting the waiver request
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