Legal Information: Federal


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January 30, 2018

What is a waiver?

A waiver is a form that your lawyer can fill out to ask Immigration to forgive something that makes you inadmissible.  For people applying for U visa status, all grounds of inadmissibility can be waived except for participation in Nazi persecution, genocide, or having committed any act of torture or extrajudicial killing. This waiver is discretionary, which means that your request may or may not be approved – it is up to Immigration officials.*  If you are inadmissible under the crime-related grounds, Immigration officials will consider the number and the seriousness of the offenses you were convicted of.  In cases involving violent or dangerous crimes or involving the security grounds (related to terrorism), Immigration will only approve the waiver in extraordinary circumstances.**

An immigration attorney should be able to determine if you fall under any of the inadmissibility grounds, and if there are exceptions or waivers available to you. To find help, please go to the Immigration organizations listed on our National Organizations page.  You can also find the contact information of general legal services organizations, not immigration-specific, and referral services to private attorneys here: Finding a Lawyer.  Please make sure that your lawyer is employed by (or gets help from) a national organization with expertise in U visas, since U visa waivers are different than most other waivers. Your lawyer can call ASISTA, a national organization that specializes in immigration training for professionals.

* INA § 212(d)(14)
** 8 CFR § 214.1(b)(2)