Waiver applications are requested to overcome grounds of inadmissibility and removability/deportability.
Grounds of inadmissibility prevent an individual from being admitted into the United States or from becoming a Lawful Permanent Resident (LPR) and are found in Section 212 of the Immigration and Nationality Act. Reasons to deny permanent resident status include:
- Accumulated unlawful presence totaling more than one year when departing the United States
- Fraud or misrepresentation
- Possession of marijuana less than 30 grams
- Crime involving moral turpitude where the sentence was longer than six months and the sentence imposed could have been more than one year.
- More than two crimes involving moral turpitude.
In the instance of Form I-
Grounds of Removability/Deportability can lead to being placed in removal proceedings (Immigration Court) for the individual to be deported. A Lawful Permanent Resident can lose their greencard or permanent resident status if found to be deportable. For instance, committing two crimes involving moral turpitude or certain drug offenses can lead to this outcome. Section 237 of the Immigration and Nationality Act detail how an individual can be found to be deportable.