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Waivers

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Waivers

A waiver asks USCIS to exercise its authority to not subject a person to a penalty he would otherwise suffer. A waiver can avoid a foreign national being barred from the United States for ten years. 

There are two types of waivers: waivers of inadmissibility and waivers of deportability. Waivers of inadmissibility are for aliens who are not permanent residents and who cannot otherwise get their immigrant visa, for example, because they were unlawfully present in the United States for more than a year and thus subject to the ten year bar to reentering the United States, because they made a misrepresentation to gain an immigration benefit or engaged in other conduct that bars them from gaining permanent residence.

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