INA §212(d)(11) Waiver Factors
Once a person has met these requirements, she then must convince the adjudicator to grant the waiver because of one or more of the following grounds:
- for “humanitarian purposes”
- to “assure family unity” or
- When it is “otherwise in the public interest”
NO WAIVER EXISTS FOR SOMEONE WHO
• assisted someone other than, or in addition to, her own son/daughter, parent, or spouse;
• seeks to immigrate through the fourth preference category (siblings of U.S. citizens);
• seeks to immigrate through a work visa;
• must establish good moral character; or
• applies for some other form of relief (although certain forms of relief have general waivers that may apply, see Section II(A)(2).
WAIVER EXISTS FOR
A limited waiver exists for the alien smuggling ground of inadmissibility. There are two basic requirements for this discretionary waiver:
- A lawful permanent resident who temporarily traveled abroad voluntarily (not under an order of deportation or removal), and is otherwise admissible;
- OR
- A person applying for a green card based on a family-based petition (including immediate relatives or through a first, second, or third preference visa petition—but not through a fourth preference visa petition for brothers and sisters of U.S. citizens).
Additional Requirement
The person must have smuggled only her spouse, parent, son, or daughter (and no other individual). These are the basic eligibility criteria for the inadmissibility waiver.