Entry without Inspection and Waivers of Inadmisibility: FAQs

1). An employment petition;

2). A petition filed by an immediate family member; or

3). A special petition such as political asylum or cancellation of removal (deportation).

However, in general, people will fall in one of four categories of eligibility:

1). People who entered the U.S. with a visa and are eligible to get their residency in the U.S. through a family petition (even if the visa has expired or the visa was not valid).

2). People who entered the U.S. without inspection or visa and are eligible to obtain residency through family or employment because they are 245(i) eligible. (see explanation of who is 245(i) eligible).

3). People who entered the U.S. with a valid U.S. visa, with a current, un-expired I-94 (small white card issued at the time you entered the U.S., which tells you how long you are allowed to remain in the U.S.). These persons are eligible to apply for any other category of visa. The visa approval will depend on the person meeting the specific qualifications required by the particular visa.

4). Persons who came into the U.S. without inspection or persons that came with a visa and the visa has expired, may be eligible to apply for residency in the U.S., however, their adjustment of status petition may require a waiver. A waiver is a “pardon” from the U.S. government that says that even though you have violated an immigration regulation you will be granted a green card under special circumstances. These waivers are generally granted to individuals with special family connections to the U.S. These waivers are most commonly issued at a U.S. consulate abroad.