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Waiver of ineligibility.

Aliens who are ineligible for a visa may be eligible for a waiver of ineligibility under one of the following provisions of the Immigration and Nationality Act.

The Attorney General may waive the application of the law making the applicant ineligible to get a visa in the case of any alien who:

Is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, or a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa.
Has a son or daughter who is a United States citizen, or of an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa.
In the case of any alien , in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe.

In the case of any immigrant it is established to the satisfaction of the Attorney General that the alien is excludable only under subparagraph (D)(i) or (D)(ii) of such section or the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry, or adjustment of status, and the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and the alien has been rehabilitated; or in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence-green card holder, if it is established to the satisfaction of the Attorney General that the alien's exclusion would result in extreme hardship to the United States citizen or lawful resident spouse, parent, son, or daughter of such alien; and the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien's applying or reapplying for a visa, for admission to the United States, or adjustment of status.

No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture.

Aliens lawfully admitted for permanent residence who temporarily proceed abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive year.

 

US Immigration