Waivers are created at the U.S. Consulate in the applicant’s home country. The Consulate considers cases regarding such offenses and takes into consideration the safety and risk to others in the United States. Based upon how severe the crimes or immigration violations were, as well as the reason the applicant requests to enter the U.S. temporarily, the applicant may or may not be approved. These waivers are granted in five-year increments and are not permanent. U.S. Immigration Services or the U.S Consulate would make a decision after reviewing the applicant’s character, how long ago the person was deported, the reason they need to re-enter the U.S. (whether they are aware that they have been deported or not), along with the amount of time they were previously in the U.S. for.
Some factors to consider when contemplating any waiver applications are health, finances, education, and family relationships. Each case is individual and therefore, the totality of circumstances must be reviewed, documented, and thus presented carefully for consideration. Unfortunately, there are some offenses that cannot be waived for immigrant statuses such as most drug charges, fraudulent claims of U.S. Citizenship, as well as people who have tried to enter the U.S. illegally after previously having been deported or having been present in the U.S. for one year or more without legal status. Although these are all applicable and possible, the person may still qualify for a waiver to enter the U.S. as a non-immigrant. Non-immigrant waivers may be applied for by foreigners coming to the U.S. for work, education, vacation, or business.