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A forgotten pathway: Have you heard of a nonimmigrant waiver?



WHO NEEDS A 212(D)(3) NONIMMIGRANT WAIVER?

In cases where an immigrant waiver is unavailable, individuals who are inadmissible but still desire to visit the U.S. should consider the 212(d)(3) waiver. When it comes to nonimmigrant applicants who wish to enter the United States on a limited basis, a 212(d)(3) waiver becomes crucial. Unlike immigrant applicants seeking permanent residency, nonimmigrant applicants are foreign nationals looking to visit the U.S. for a short period.


Typically, the 212(d)(3) waiver is applicable to specific types of nonimmigrant visas, such as tourist visas (e.g., B-1/B-2), student visas (e.g., J-1), or work visas (e.g., H-1B). Attorneys at Mundo Legal, have years of experience assisting families in various visa applications, can determine whether a waiver is necessary when applying for a qualifying nonimmigrant visa.


WHAT TO KNOW WHEN APPLYING FOR A WAIVER

To apply for a 212(d)(3) waiver, you have three options:

  1. Customs and Border Patrol (CBP): You can apply at a port of entry, field office, or admissibility review office.

  2. U.S. Citizenship and Immigration Services (USCIS): In cases involving U visas or T visas, you can apply through USCIS.

  3. U.S. Department of State Consulate: You can also apply for the waiver at a U.S. Consulate abroad.

Regardless of where you choose to apply for your 212(d)(3) waiver, our skilled attorneys can guide you through the process and help present your case in the best possible light. However, it's important to note that this type of waiver cannot be obtained for political or security grounds, which include activities like espionage or sabotage, unlawful acts, planning to overthrow the government by force, or membership in the Nazi Party.


THE PROCESS OF SEEKING A 212(D)(3) WAIVER

If you haven't obtained a visa yet, you can request a 212(d)(3) waiver concurrently while applying for a visa at a U.S. consular post. On the other hand, if you already have a valid nonimmigrant visa but believe you are inadmissible to the U.S., you can apply for the waiver at a U.S. port of entry. The temporary waiver application is made through Form I-192, the "Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3) of the INA]."


In addition to the application, it is recommended to include:

  • An affidavit explaining any previous criminal and/or immigration violations and the reasons for seeking entry into the U.S.

  • A clear statement in the affidavit that you intend to depart the U.S. at the end of your authorized stay.

  • Evidence of ties to your current country of residence, such as employment, education, or community involvement.

  • Evidence of reform and rehabilitation, if applicable, such as treatment or counseling.

  • Previous immigration and/or criminal records.

  • Letters of support attesting to your good moral character.

It's important to understand that immigration officials have discretionary power when approving or denying the waiver application. Unfortunately, there is no option to appeal or challenge an unfavorable decision by an immigration official.


Our team of experienced immigration experts has extensive knowledge and expertise in handling nonimmigrant waivers, including the 212(d)(3) waiver. We understand the concerns and complexities involved in immigration cases, and we are committed to providing an honest and comprehensive evaluation of your unique situation if you call: (909) 845-1183.


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