When can an individual apply for a waiver of inadmissibility?

An individual can apply for a waiver of inadmissibility when they are otherwise eligible for a visa or immigration benefit. This means that the person must meet the basic qualifications for the immigration benefit they seek, despite the presence of factors that may make them inadmissible, such as a criminal record or other reasons defined by immigration law.

The need for a waiver arises when there are grounds for inadmissibility, but those grounds can sometimes be overcome if the individual can establish eligibility based on other aspects of their application. For instance, someone who has been denied entry due to a previous criminal conviction may still have the potential to adjust their status or gain legal entry if they qualify under specific criteria that permit the filing of a waiver.

Understanding this eligibility is crucial; it sets the foundation for requesting a waiver, as it signifies that, apart from the inadmissibility issues, the individual fulfills all other necessary requirements for the benefit they wish to obtain.