Obtaining the 212(d)(3) Waiver to Overcome Inadmissability

In this video attorney Jacob Sapochnick discusses the non-immigrant visa waiver process for individuals who are ineligible to obtain a non-immigrant visa (such as a tourist visa or work visa) due to previous immigration violations such as an overstay, criminal offense, or misrepresentation. All of these offenses can make a person ineligible for a non-immigrant visa, and the only way to obtain a non-immigrant visa is to first apply for a waiver called a 212(d)(3) waiver. Section 212(d)(3) of the Immigration and Nationality Act (“the Act”) is a broad waiver provision that allows applicants to apply for admission as nonimmigrants to overcome certain grounds of inadmissibility found in Section 212(a) of the Act. For more information just keep on watching.

The Section 212(d)(3) waiver is available to broad range of inadmissible individuals, however the 212(d)(3) waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. An approved 212(d)(3) waiver “waives” an individual’s inadmissability and allows the foreign national to apply for a non-immigrant visa.

To be successful you must demonstrate that you are no longer a threat to the United States, that you are a person of good moral character, that you have the intention to leave the United States at the conclusion of your stay, and otherwise be able to meet the burden of proof to receive a 212(d)(3) waiver. The waiver is typically submitted at the same time that the foreign national applies for the non-immigrant visa. In addition, the foreign national must prove that they are eligible for the non-immigrant visa classification they are seeking. It can take several months for the consulate to issue a final decision regarding the waiver depending on the complexity of the case.

To learn more about the 212(d)(3) waiver please visit our website.

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