Self-Test - Waiver Eligibility


The Waiver Ineligibility self-test is for determining whether you have a ground of inadmissibility for which no waiver is available. This self-test does not cover grounds of inadmissibility for which a waiver IS available, nor does it cover aggravating factors that affect chances of success on a waiver. This self-test is best for people who know they need a waiver of inadmissibility and want to learn more about whether they will be eligible to apply.

The self-test is for informational purposes only. It is not legal advice and is not meant to be a substitute for a consultation with a licensed attorney. Always speak to an attorney before departing the United States or taking action on your immigration case.

The best way to use the test is to fill it out prior to meeting with an attorney so you have a better idea of what to discuss during your consultation. Many of the terms used in the test have specific legal definitions with too many exceptions to concisely describe here. Even if the test shows that you are probably ineligible for a waiver, an attorney may determine, upon closer examination, that you are in fact eligible. The test-taker should also be aware that there are less common grounds of ineligibility that do not appear on this test - for example, committing acts of torture - and an attorney may determine that you are not eligible for a waiver even if this exam does not indicate ineligibility.


q1 : Have you ever been unlawfully present for more than one year after April 1, 1997, departed and then entered without inspection or attempted to enter without inspection? Yes No

q2 : Have you been ordered removed, departed and then entered or attempted to enter without inspection after April 1, 1997? Yes No

q3 : After September 30, 1996, have you ever claimed to be a US citizen to gain entry to the US, get a US passport, get federal student loans, get a driver's license, vote, or for any other purpose under state or federal law? Yes No

q4 : Have you ever failed to attend a removal hearing? Yes No

q5 : After age 18, have you been convicted of any drug crime other than a single offense of simple possession of marijuana less than 30 grams? Yes No

q6 : Have you ever been arrested for drug trafficking or been accused on a police report of drug trafficking even if not convicted, or been the subject of an investigation on drug trafficking? Or, would your spouse or parent answer 'yes' to the first part of this question within the past five years? Yes No

q7 : Has a judge found that you filed a frivolous asylum application after April 1, 1997? Yes No

q8 : Have you been accused by the US government of previously having a sham marriage for immigration purposes? Yes No

q9 : Are you a former permanent resident whose status was revoked due to a criminal conviction? Yes No

q10 : Have you used illegal drugs within the past year? Yes No

q11 : Has anyone ever spoken on your behalf or shown documents on your behalf at a port of entry to gain admission for you when you were not eligible for admission? Or, have you ever presented a US driver's license to gain entry into the US? Yes No

q12 : Has a notary public, 'notario', 'immigration consultant' or other non-attorney filed paperwork on your case? Yes No

q13 : Do you have any gang tattoos or are you in any police gang databases or has any police arrest report mentioned that you are or were a suspected gang member? Yes No

q14 : Have you previously attempted to immigrate or adjust status through a US citizen spouse and then abandoned the process? Yes No

q15 : Have you ever filed an application form an immigration benefit from within the US or been apprehended by immigration officials or been issued a Notice to Appear and you don't know what came of it? Yes No