Waivers are a form of relief available in Immigration Court proceedings (removal, deportation or exclusion), in consulates abroad and even in cases where the person entered the United States illegally. If a person is found to be ineligible to enter or remain in the U.S., there may be a waiver available which would allow him to stay. There are also waivers available for fraud and criminal convictions. Waivers for unlawful presence will allow the individual to remain in the U.S. or enter legally and remain in the U.S.

Eligibility depends on many factors. The facts of the case, the severity of the offense (fraud or a crime, when applicable), whether an individual is already a lawful permanent resident, or whether the individual is a person of "good moral character" are some of the factors that will be considered. Most waivers require that the applicant have a U.S. citizen, or lawful permanent resident family member in the U.S. who would suffer "extreme hardship" if the applicant is not allowed to remain, or enter into the U.S. A fact-specific case-by-case analysis is required to determine whether this form of relief is available for an individual.