We recently won a very challenging approval on behalf of a client who entered the country by being "waved through" the Canadian border. This is much different than a "waiver," which is a specific type of immigration application. A "wave through" entry is literally when an immigration officer at the border -- usually the Canadian border -- simply "waves" to your car and allows you to pass into the United States. Many foreign nationals have entered the U.S. in this manner, including foreign nationals who had no visa to enter the United States.
While we certainly don't recommend trying to enter the U.S. in this manner, the Board of Immigration Appeals has held that individuals who are "waved through" a border checkpoint are "inspected and admitted" to the U.S.: a requirement for most applications for adjustment of status. The tricky part is proving a "wave through," as you have no evidence that you entered the country that way, other than your testimony. We were able to obtain approval for our client because he gave a very detailed, credible account of his entry, and we supported that with affidavits from others in the car. But these cases can just as easily end up in Immigration Court, so if you entered the U.S. via a "wave-through," then it is extremely important to work with an immigration attorney who can advise you on how to proceed and how to prove your entry. And of course, you must also qualify for adjustment of status beyond just having been "inspected and admitted."