Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

Nonimmigrant Waivers of Inadmissibility (212(d)(3) Waivers)

A basic overview of the Waiver is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.

General

This type of waiver is available for individuals seeking admission to the United States for a brief stay after being deported due to a misbehavior such as a criminal conviction or having committed fraud in order to receive an immigration benefit. The §212(d)(3) waiver allows nonimmigrant applicants to overcome most grounds of inadmissibility as indicated in the Immigration and Naturalization Act (INA) §212(a). If an individual is eligible for a nonimmigrant visa, the §212(d)(3) waiver can provide a short-term solution to a what could possibly be a long and taxing separation from family, friends and/or business associates.

Generally, the §212(d)(3) waiver accompanies a specific type of nonimmigrant visa, such as a tourist visa (e.g., B-1/B-2), a student visa (e.g., J-1) or an employment-based visa (e.g., H-1B). 

Criteria

The U.S. Department of Homeland Security (DOS) centers its decision around the following criteria when adjudicating the §212(d)(3) waiver:

  • The risk of harm to society if the individual is admitted.
  • The seriousness of the applicant's criminal or immigration law violation.
  • The applicant's demonstrated reasons for seeking entry to the U.S.

 

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