If you are seeking entry into the United States and have been or are likely to be found inadmissible, then you may want to consider applying for a Nonimmigrant Visa Waiver under Section 212(d)(3) of the Immigration and Nationality Act (INA). This article will explain what a Nonimmigrant Visa Waiver is and how our firm can help you apply for one.
INA Section 212(d)(3)
INA Section 212(d)(3) allows individuals who have been found to be inadmissible under U.S. immigration law to apply for a waiver that grants them temporary entry into the United States as nonimmigrants. Unlike immigrant visas, which are for permanent residence, nonimmigrant visas are intended for temporary reasons, such as tourism, business, education, or medical treatment.
It is important to note that this waiver is discretionary because the U.S. government must evaluate each application on a case-by-case basis, where it weights the potential risks against the merits of granting entry; therefore, there is no guarantee that anyone will actually receive an approval on their waiver application.
Inadmissibility
If you have been found inadmissible to the United States, it means that you have done something that is in violation of the INA and therefore cannot enter the United States. There are several grounds that can render a visa applicant inadmissible. Some common ones are:
- Criminal convictions: Crimes involving moral turpitude, drug offenses, or other serious violations.
- Health-related issues: Certain communicable diseases or failure to meet vaccination requirements.
- Immigration violations: Overstays, prior removals, or misrepresentation.
- Security concerns: Links to terrorism or espionage.
Fortunately, the 212(d)(3) waiver offers a way to overcome these barriers temporarily.
Applying for a Nonimmigrant Visa Waiver
A 212(d)(3) waiver is available to most individuals applying for a nonimmigrant visa, as long as they can demonstrate a legitimate reason for their visit and that they have no intention of overstaying their visa.
To apply for a 212(d)(3) waiver, a visa applicant must go through several steps, including:
- File a Visa Application: The applicant must first apply for the appropriate nonimmigrant visa through a U.S. embassy or consulate.
- Attend the Visa Interview: During the visa interview, the consular officer will identify any inadmissibility issues. If any are present, the consular officer may recommend a waiver and forward the case to the Admissibility Review Office (ARO) for review.
- Supporting Documentation: Visa Applicants should be prepared to provide compelling evidence in support of their application, including outlining the purpose of their visit, their ties to their home country and evidence to appropriately address the inadmissibility grounds.
Processing Times and Challenges
Processing times for 212(d)(3) waivers vary but often take several months. If the case is complex, then it can take even longer which is why it is important to present a well-prepared application.
How AVA Can Help
Navigating the 212(d)(3) waiver process can be daunting, but experienced immigration attorneys can significantly improve your chances of success by identifying potential challenges and helping you craft a strategy to address areas of inadmissibility.
At AVA, we help our clients file their visa applications and prepare them for the interview. If a waiver is needed, then we ensure that all supporting evidence is complete and persuasive. We also liaise with US Consular officers on behalf of our clients so we can best advocate for them.
If you have any questions about inadmissibility or 212(d)(3) waivers, then our experienced immigration lawyers are here to help you. You may register for a consultation by calling 970-680-1223 or scheduling a consult online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Current as of January 2, 2025