If you would like to come to the United States temporarily but are inadmissible, then you’ll need a waiver to gain admission to the United States. It is worth exploring this option.
Requirements of the 212(d)(3) Waiver
This type of waiver is available for non-immigrants applying for temporary U.S. visas but who are inadmissible. The waiver applies broadly to different grounds of inadmissibility. However, there are some political and national security grounds of inadmissibility that cannot be waived.
This is a discretionary waiver based on certain factors. The immigration officer will consider three (3) main criteria as formulated in the Board of Immigration Appeals case, Matter of Hranka:
- Whether you pose a risk of harm to the U.S. society if you are admitted;
- The seriousness of your criminal and immigration violation; and
- Your reason for seeking admission to the United States.
The reasons for visiting the United States don’t need to be compelling and can include tourism, visiting family, medical care and business purposes. Usually you would apply for the waiver at the same time that you are applying for a visa or admission to the United States.
It is important to consult an immigration attorney to prepare the waiver. At ST Law, I use my advanced knowledge of the legal requirements as well as my experience with previous waiver filings to prepare a good waiver application to increase the chance of success in each case.