Policy Alert on Waiver Policies and Procedures

U.S. Citizenship and Immigration services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility. Generally, foreign nationals may not be allowed to enter or obtain certain immigration benefits in the United States if they are inadmissible. However, these foreign nationals may overcome the inadmissibility if they apply for and are eligible to receive a waiver.

The new policy contained in Volume 9 of the Policy Manual provides the following guidance: it explains the distinction between waivers, exceptions, exemptions and consent to reapply; it provides a general overview of the adjudication of a waiver application; it explains the availability of waivers of inadmissibility and identifies the general eligibility requirements for the waiver; it describes what factors officers may consider when determining whether a waiver is warranted as a matter of discretion; and it outlines the scope and validity of approved waivers of inadmissibility.

Citation: Waivers, Part A, Waiver Policies and Procedures [9 USCIS-PM A]