Waiver for Temporary Access to the United States

Many applicants who wish to enter the U.S. for a temporary stay find their cases denied because of an unlawful action in their immigration history. Luckily, waivers excuse most grounds of inadmissibility for non-immigrants and allows that person to enter the United States for a temporary period of time.

The following grounds can be waived:

  • Health reasons
  • Criminal Convictions (including drug offenses)
  • Misrepresentation to an Immigration Officer
  • Illegal entrants and other immigration violators
  • Prior Unlawful Presence
  • Unlawful Employment
  • Entry without proper documentation
  • Prostitution

It is much easier to obtain a non-immigrant waiver than an immigrant waiver. The attorney general will weigh the following factors:

  • The risk of harm to society if the applicant is admitted
  • The seriousness of the applicant's prior violations
  • The applicant's reasons for wishing to enter the United States

The waiver can be used by non-immigrants to enter for either business or personal reasons. This waiver may also be an option for green card holders who are not eligible for an extreme hardship waiver. The application must be well-documented and can be filed with the proper authorities at any time. The processing times depend on which office has jurisdiction over the application. Depending on the category under which a person files, waivers are approved for one time entry or else for multiple entries over a period of one year. Waivers can be extended indefinitely.