Newsletter

How to apply for a waiver after the denial of nonimmigrant visa such as F-1, H-1B, L-1, B-1 and B-2

Posted by Keshab R. Seadie | Aug 18, 2023 | 0 Comments

If you've been found inadmissible to the U.S. based on a ground such as fraud or misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), you might be able to apply for a waiver of that inadmissibility under INA section 212(d)(3)

Here's a basic outline of the process:

1. Consult an Immigration Attorney: Due to the complexity of the process and the stakes involved, it's recommended to consult with an immigration attorney who can guide you through the waiver process.  

2. Apply for a Nonimmigrant Visa: Before you can apply for a 212(d)(3) waiver, you need to apply for a nonimmigrant visa (like a tourist visa, business visa, etc.) at a U.S. consulate or embassy. When you apply, you'll likely be denied based on your inadmissibility.

3. Request the Waiver: After your visa application is denied due to the inadmissibility:
• The consular officer may recommend you for a waiver. If they do not, you can ask if they would consider recommending you.
• If the consular officer agrees, they will forward your waiver request to the Admissibility Review Office (ARO) at the Department of Homeland Security (DHS) in the U.S.
• Not all consulates or embassies process waivers the same way. Some might have you fill out a separate form or provide additional documentation.

4. Submit Necessary Documentation: This can include:
• Evidence that supports the reasons you should be granted the waiver, such as letters of support, documentation of rehabilitation, etc.
• Any documents that show your ties to your home country, which indicate you will return after your temporary stay in the U.S.

5. Factors Considered: The U.S. government will consider factors such as:
• The risk of harm to U.S. society if you're admitted.
• The seriousness of your prior immigration law or criminal law violations, if any.
• Your reasons for wishing to enter the U.S.

6. Wait for a Decision: The ARO will make the final decision. If they approve the waiver, they will notify the consulate or embassy, which will then continue processing your visa application.

7. If Approved: If the waiver is approved and you are granted a visa, keep in mind that the visa may come with specific conditions or may be of a limited duration.

Remember, being granted a 212(d)(3) waiver doesn't change your inadmissible status. It simply allows you to enter the U.S. temporarily despite your inadmissibility. If you intend to immigrate to the U.S. permanently in the future, you may need to seek another type of waiver or face challenges based on your inadmissibility.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

We serve clients throughout the United States including New York and New Jersey and in the following localities: New York City; Albany County including Albany; Dutchess County including Poughkeepsie; Erie County including Buffalo; Monroe County including Rochester; Nassau County including Mineola; Onondaga County including Syracuse; Orange County including Goshen; Putnam County including Carmel; Rockland County including New City; Suffolk County including Riverhead; Ulster County including Kingston; Westchester County including White Plains; Bergen County including Hackensack; Essex County including Newark; Hudson County including Jersey City; Middlesex County including New Brunswick; and Union County including Elizabeth. Attorney Advertising.

Menu