Waiver of "Permanent" Bar Under INA § 212(a)(9)(C)

A person who enters, or attempts to enter the United States after accumulating an aggregate period of more than one year in unlawful status, or after an order of removal, is inadmissible. 

To qualify for a waiver, a foreign national must:

  • remain outside the U.S. for ten (10) years;
  • file for permission with the Department of Homeland Security district office; and
  • obtain the consent of the district office.

Under the Violence Against Women Act ("VAWA"), there is a waiver for immediate family members of U.S. citizens and Landed Permanent Residents victimized by domestic violence who meet the following requirements:

  • be granted claissification as VAWA self-petitioners; and
  • there be a substantial connection between the battery or extreme cruelty and the foreign national's removal, departure from the U.S., re-entry (or re-entries) into the U.S., or attempts to re-enter.