In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may be eligible to apply for a waiver of the ineligibility. At the time of the immigrant visa interview, the consular officer will make a determination as to whether an applicant is waiver eligible. If the consular officer finds an applicant ineligible for a visa, but eligible to apply for a waiver, the officer will give the applicant a refusal worksheet with instructions on how to apply for the waiver.
Immigration law says that certain conditions and actions prevent a person from receiving a U.S. visa. These conditions and activities are called ineligibilities. Examples are: overstaying your visa, selling drugs, active tuberculosis, being a terrorist, using fraud to get a visa, etc. Your period of ineligibility may be temporary or permanent depending on your situation.
Important: The waiver procedures can be followed only after the Consular Officer has determined the ineligibility on the day of the immigrant visa interview at the U.S. Consulate General in Montreal.
Individuals who have applied for visas and been found ineligible by a U.S. Consular Officer can mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where waiver applications must be sent. Learn more about waiver processing at USCIS.
Please follow the USCIS filing tips (58KB PDF) to prepare and submit your I-601 or I-212 waiver application.
During the entire visa application and interview process you must tell the truth and provide complete and accurate information. If you do not, your visa will be delayed or you may be found ineligible for a visa.