Articles Posted in Non Immigrant Visa Waivers

You’ve made it to the airport, but Customs and Border Protection has denied you entry into the United States, before even boarding the plane. What steps can you take to resolve the situation?

There may be various reasons why a CBP officer may prevent you from gaining entry to the United States. The most common reasons include:

  • When you have been in the United States in the past on a tourist visa and you overstayed the amount of time allowed in the United States
  • You were previously on a tourist visa in the U.S. and applied for an extension of stay, but that application was denied
  • You were previously in the U.S. on a tourist visa and you did not spend at least 6 months in your home country when you returned.
  • You are a legal permanent resident of the U.S. but you have lost your green card, you will not be able to board a plane
  • If you overstayed your visa and there is a record, you will not be allowed to re-enter the U.S.

What should you do when you are denied entry?

Contact an immigration attorney to determine the reason you are not allowed to board the plane. Typically, individuals in this situation must file an inquiry to find out the reason they were denied entry. It may be worth it to visit a U.S. embassy to receive more information regarding the denial of entry. In some cases the U.S. embassy may be able to re-validate your visa, or you may be able to file a waiver if you have been barred from the United States for certain violations.

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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.

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In this segment, Attorney Jacob J Sapochnick discusses what makes the Law Offices of Jacob J Sapochnick unique, our law firm specialties, and his legal blog  on the popular radio show 1700 AM ESPN Radio with Eric Atilano. Remember to tune in every Monday morning.

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