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Waivers for Misrepresentation, Criminal Grounds and Prior Removal (I-601, I-212)

Immigration » Inadmissibility waivers » Fraud, crimes and prior removal

Other grounds of inadmissibility need different waivers. Each has its own legal standard and evidence.

Fraud or misrepresentation (Section 212(i))

  • Applies to a person who obtained or tried to obtain a visa or benefit through a willful misrepresentation of a material fact.
  • The waiver generally requires extreme hardship to a qualifying U.S. citizen or permanent resident spouse or parent.
  • The person must also deserve a favorable exercise of discretion.

Criminal grounds (Section 212(h))

  • A waiver is available for certain offenses, including some crimes involving moral turpitude and simple possession offenses.
  • Qualifying family relationships or other standards apply, depending on the offense.
  • Some offenses, such as murder and torture, cannot be waived. Serious violent crimes face a higher standard.

Prior removal or reentry (Form I-212)

A person who was removed or who left under an order may need permission to reapply for admission. The request is discretionary, and the applicant should show positive factors, such as family ties, rehabilitation and the passage of time.

Health-related and public charge grounds

Some health grounds can be waived, and public charge concerns are addressed with financial evidence rather than a waiver. See documents and evidence.

How we prepare

  • Obtain certified records of arrests and court cases.
  • Collect evidence of hardship, rehabilitation and ties.
  • Prepare a legal brief and organize exhibits.
  • Submit the waiver with the application at the right time.

Inadmissibility waivers guide

How our firm helps with inadmissibility waivers

  • We identify every ground of inadmissibility that applies to you.
  • We build the hardship case with medical, financial and personal evidence.
  • We prepare the waiver and the supporting brief and file it at the right time.
  • We coordinate the waiver with the rest of your case, so one problem does not stop everything.

Situations we handle

  • Unlawful presence bars
  • Past misrepresentation findings
  • Criminal grounds
  • Prior removal orders

Why clients choose our firm

  • A Texas-licensed attorney serving immigration clients in all 50 states.
  • Russian-language service for clients and families.
  • Clear communication and updates through our client portal.
  • A full review of your history before anything is filed, so problems are caught early.
  • Organized filings and representation through interviews, requests for evidence and appeals.

Get help with inadmissibility waivers

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.