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.
Important aspects to keep in mind when contemplating any waiver applications are education, health, family relationships, and finances,. Each case is unique and thus, all the circumstances need to be reviewed, documented, and then carefully presented for consideration. However, some offenses cannot be waived for immigrant statuses such as majority of drug charges, false claims to U.S. Citizenship, as well as people who have illegally tried to enter the USA after deportation/removal or after an attendance in the U.S. without legal status for one year or more. Although these are all applicable and possible, the person may still qualify for a waiver to enter the U.S. as a non-immigrant. Foreign nationals who plan on coming to the U.S. for education, work, business, or vacation may apply for non-immigrant waivers.