Violence Against Women Act (VAWA): Inadmissibility Grounds and Waivers for Adjustment of Status

A VAWA self-petitioner who is approved may seek to become a lawful permanent resident. This can be done either through the adjustment of status process with the U.S. Citizenship and Immigration Services (USCIS) in the United States or by applying for an immigrant visa at a U.S. consulate abroad, through what is known as consular processing. For both processes, the self-petitioner will need to establish that they are admissible (i.e., that they do not fall under any grounds of inadmissibility at INA § 212(a)), and if they do fall under any ground of inadmissibility, or that they qualify for a waiver. This practice advisory will cover some common grounds of inadmissibility, waivers available for VAWA self-petitioners who will be filing for adjustment of status, and how to identify whether a ground of inadmissibility has been triggered and whether a waiver is available.