Chapter 3: Effect of Granting a Waiver

A. Validity of an Approved Waiver​

If the waiver​ [1] See INA 212(i). is granted, ​then, except for K-1 and K-2 nonimmigrants and conditional permanent residents,​ [2] For K-1 and K-2 nonimmigrants granted a waiver, see Section B, Conditional Grant of a Waiver to K-1 or K-2 Nonimmigrant Visa Applicants [9 USCIS-PM G.3(B)].the grant permanently waives ​fr​aud or willful misrepresentation included in the application for purposes of any future immigration benefits application, whether immigrant or nonimmigrant. ​The waiver remains valid even if the ​person​ later abandons or otherwise loses ​lawful permanent resident (​LPR​)​ status.​ [3] See 8 CFR 212.7(a)(4)(ii).

For conditional permanent residents,​ [4] Foreign nationals lawfully admitted for permanent residence on a conditional basis. See INA 216. the waiver only becomes valid indefinitely if and when the conditions are removed from ​his or her​ permanent resident status. Conversely, termination of the conditional permanent resident status also terminates the validity of the waiver.​ [5] See 8 CFR 212.7(a)(4)(iv).

A waiver applies only to the spec​ific grounds of inadmissibility​ and rela​ted crimes, events or incidents​ specified in the waiver application.​ [6] See 8 CFR 212.7(a)(4)(i).If, in the future, the ​applicant​ is found ​inadmissible for ​a separate incident of ​fraud or willful misrepresentation ​not ​already ​included in an approved waiver application, ​he or she will be required to file another waiver application.​USCIS may reconsider an approval of a waiver at any time if it is determined that the decision has been made in error.​ [7] See 8 CFR 212.7(a)(4)(v).

B. Conditional Grant of a Waiver to K​-1 or K-2​Nonimmigrant ​Visa Applicants​

If the applicant seeks a waiver to obtain a fiancé(e) visa (K-1 or K-2), the waiver’s approval is condition​ed upon the ​K-1 nonimmigrant ​marrying​ the U.S. citizen who filed the fiancé(e) petition​.​ [8] See 8 CFR 212.7(a)(4)(iii). T​he waiver becomes permanent​ once the K-1 marries the petitioner​,​ as discussed in ​the ​section on validity of an approved w​aiver​.​ [9] See Section A, Validity of an Approved Waiver [9 USCIS-PM G.3(A)].

If the K-1 nonimmigrant does not marry the petitioner​,​the K-1​ and ​K-2 ​(if applicable) ​will remain inadmissible for purposes of any ​application for a benefit on any basis other than the proposed marriage between the K-1 and the K nonimmigrant visa petitioner​.​ [10] See 8 CFR 212.7(a)(4)(iii).

C. Inadmissibility Based on Documentary Requirements​ [11] See INA 212(a)(7).

If an ​applicant​ procured ​an​ immigration benefit by fraud or willful misrepresentation, ​the applicant ​may also be inadmissible for lack of documentary requirements at the time of entry. When an ​applicant​ is granted a waiver for fraud ​or​ willful misrepresentation, inadmissibility based on lack of documentary requirements at the time of entry is also implicitly waived. ​

Example​

An ​applicant​ misrepresents a material fact during the overseas nonimmigrant visa ​application ​process. The ​Department​ of State​, however, grants ​the applicant​ a visa. Later, ​the applicant​ applies for adjustment of status. During ​the​ adjustment interview, an officer discovers ​the​ misrepresentation and finds ​applicant​ inadmissible for both willful misrepresentation​ [12] See INA 212(a)(6)(C)(i). and failure to comply with documentary requirements.​ [13] See INA 212(a)(7)(B)(i) (for example, for not possessing a valid nonimmigrant visa). The applicant then applies for a waiver of inadmissibility for willful misrepresentation.​ [14] See INA 212(i). Approval of the waiver has the effect of waiving inadmissibility for willful misrepresentation and for the lack of a valid visa at the time of entry.​