---
title: ALIEN SMUGGLING INADMISSIBILITY
description: "## 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: 1. for “humanitarian purposes” 2. to “assure family unity”…"
url: "https://www.newyorkvisalawyer.com/docs/inadmissibility/alien-smuggling-inadmissibility/"
updated: "2024-12-24"
category: Inadmissibility
tags:
  - alien smuggling
  - inadmissibility
  - waiver
---

# ALIEN SMUGGLING INADMISSIBILITY

## 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:

1. for “humanitarian purposes”
2. to “assure family unity” ***or***
3. 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:

1. A lawful permanent resident who temporarily traveled abroad voluntarily (not under an order of deportation or removal), and is otherwise admissible;
   - OR
2. 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.