Waiver

Waiver of Inadmissibility
A foreign person may not be permitted to come to the U.S. on the basis of something (s)he had done or something that had happened to him(er) . That inadmissibility reason could be a contagious disease, a crime committed overseas, a membership to a totalitarian party, an attempt to misrepresent on an immigration or visa application, or having been unlawfully present in the U.S. for at least 180 days. These grounds of inadmissibility may be overcome to make the involved people eligible to apply for entry to the U.S.

WAIVER OF EXCLUDABILITY
A visa applicant who had violated the U.S. immigration law by having overstayed beyond the authorized period or for having entered the U.S. illiegally will be barred from entering the US. Such person may qualify for a waiver if (s)he has a spouse or son or daughter who is a U.S. citizen or lawful permanent resident (LPR) and demonstrates that that denial of his or her admission would result in extreme hardship for the U.S. citizen or LPR.
Usually the USCIS office at the consulate post will have jurisdication over the waiver application. The decision on waiver application is discretionary

How can one demonstrate Extreme Hardship?
 
A waiver thus will depend on the demonstration that the a denial represents an extreme hardship on the applyting family member. The facts that a hardship exists is not sufficient. It also must be “extreme” that implies an actual and real injury to the United States national or lawful permanent resident in area  such as financial considerations, health, education or any other special factors.
Criminal Waivers

Persons with criminal background with arrests and/or convictions for criminal offenses may be found inadmissible to come to the United States regardless of how long ago it was or how minor the charges or how brief of a visit to the U.S. that person is seeking. Such offenses include fraud crimes, theft crimes, or drug related crimes, or a history of removal from the U.S..

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