Waivers of Inadmissibility

US Border ImmigrationInadmissibility to the U.S. generally stems from one of two issues: (1) A prior criminal conviction or (2) A prior immigration violation. If you fall into one of these categories, visiting the U.S. may be a difficult task. Moving to the U.S. permanently may be even more difficult.

Inadmissibility issues can be tough to handle on your own, and we are here to help if you don’t know where to turn. If you have any uncertainty about your application, it is better to contact an expert and discuss your case than leave it to chance. Contact an attorney at our office when you are ready to discuss your situation and we will inform you of all the options in your case.

Waiver of the J-1 Two Year Home Residency Requirement

Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement, which requires them to return home for at least two years after their exchange visitor program finishes. This requirement is part of US law, in the Immigration and Nationality Act, Section 212(e). If you are subject to this requirement but wish to remain in the US to pursue work or a US green card, you must apply for a waiver. The Department of Homeland Security must approve your waiver before you can change status in the United States or receive a visa in certain categories.

Types of US Waivers

  • Form I-192 Waiver: Generally, for foreign nationals who want to temporarily travel to the US for work / pleasure, but who are inadmissible due to a prior criminal offense or immigration violation.
  • Form I-601 Waiver: Generally, for foreign nationals who are applying for a green card, but who are inadmissible due to a prior criminal offense or immigration violation.
  • J-1 Waiver: For foreign nationals who participated in the J-1 exchange visitor program and became subject to the two year home residency requirement. Upon approval, this waiver would permit the foreign national to change status or re-enter the US as an immigrant or nonimmigrant worker despite failing to complete their two year home residency period.