The availability of a waiver of a ground of inadmissibility depends on the immigration benefit the applicant is seeking.

A. Immigrant Waivers

In general, the public charge ground of inadmissibility cannot be waived for aliens seeking lawful permanent resident (LPR) status. However, the following aliens seeking LPR status may overcome the public charge ground of inadmissibility if they apply for and USCIS grants a waiver of the public charge ground of inadmissibility:

1. Applicants seeking adjustment of status on account of their witness or informant status.^[1]
2. Certain aged, blind, or disabled applicants for adjustment of status under the legalization program.^[2]

B. Nonimmigrant Waivers

The following nonimmigrants seeking admission may overcome the public charge ground of inadmissibility if the alien applies for and is granted a waiver of the public charge ground of inadmissibility:

1. Nonimmigrants seeking admission to the United States – An alien applying for a nonimmigrant visa or seeking temporary admission as a nonimmigrant may seek a temporary waiver of inadmissibility.^[3] This application for a temporary waiver of inadmissibility is adjudicated by U.S. Customs and Border Protection (CBP) as part of either an alien’s application for admission at a port of entry or an alien’s application for a nonimmigrant visa at a U.S. consulate or embassy.^[4] If granted, the waiver generally only applies to the nonimmigrant classification for which it was granted.
2. Applicants for admission as nonimmigrant witnesses or informants (S nonimmigrants)^[5] – The application to seek nonimmigrant status as a witness or informant, including the request for a waiver of a ground of inadmissibility, is made on the Inter-Agency Alien Witness and Informant Record (Form I-854A). The waiver is discretionary, and USCIS may grant the waiver if it considers it to be in the national interest to do so.

Footnotes

[^ 1] See INA 245(j). See 8 CFR 212.23(c)(2) and 8 CFR 245.11. According to 8 CFR 245.11(c), grounds of inadmissibility that were waived at the time of obtaining S nonimmigrant status are considered waived for purposes of the adjustment.

[^ 2] See INA 245A and INA 245A(d)(2)(B). See 8 CFR 212.23(c)(3). Aged, blind, or disabled applicants, as defined in Section 1614(a)(1) of the Social Security Act, as codified in 42 U.S.C. 1382c(a)(1), for adjustment of status under INA 245A may apply for a waiver of the public charge ground of inadmissibility. The waiver is filed on the Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act (Form I-690) according to the form’s instructions.

[^ 3] See INA 212(d)(3)(A).

[^ 4] For more information on applying for a waiver as a nonimmigrant under INA 212(d)(3), visit CBP.gov.

[^ 5] See INA 101(a)(15)(S). See 8 CFR 212.23(c)(1). See INA 212(d)(1). See 8 CFR 214.2(t)(5)(i). See 8 CFR 212.4(j)(1). The waiver is granted by USCIS.