U.S. Citizenship and Immigration Services (USCIS) is again issuing policy guidance in the USCIS Policy Manual to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility.
Generally, foreign nationals may not be allowed to enter or obtain certain immigration benefits in the United States if they are inadmissible. These foreign nationals may overcome the inadmissibility if they apply for and are eligible to receive a waiver. This new guidance contained in Volume 9 of the Policy Manual was not previously available through the Adjudicator’s Field Manual (AFM). All prior related policy memoranda are rescinded. The new guidance contained in the Policy Manual is controlling and supersedes any prior guidance.
A waiver is the intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right). In an immigration context a waiver is applied for to allow someone to either get their green card, by not removing them for a legal reason or allow them to enter the United States.
Waivers typically relate to a section of the immigration laws that allow the government to remove or deny entry to an individual. Each of the below listed sections are primarily for explaining why someone cannot receive their “green card” or are not allowed to enter, but have a section that allows the government to waive this portion of the law to this individual.
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