Qualifications Check

Preventing Issues

Some of the issues that can make a person ineligible for immigration into the U.S. are:

  • Health problems, e.g. a communicable/contagious disease or a mental disease.
  • Immigration violations, e.g. an overstay or an unlawful presence in the past.
  • A criminal past, e.g. two or more criminal convictions, or a conviction for a crime involving ‘moral turpitude’, drugs related offenses.
  • If you are currently or were recently in the U.S. on a J-1 Visa with 2-year Home Residency Rule, also known as the 2-year Home Country Physical Presence Requirement, and are unable to obtain a waiver from your country of origin.

Some Preventing Issues can be remedied with a Waiver Letter from USCIS.
If a this document is needed consult an immigration lawyer.

You must bring the Waiver with you to the Consular Visa Interview.

It can take several months before this Letter is issued. Often extensive documentation must be submitted with the Waiver Request.

For Selected Entrants already living in the U.S.:
For Status Adjustment a copy of the Waiver must be included with the I-485 Application. The original Waiver Letter must be presented during the AOS Visa Interview.