Non-immigrant visa waivers
“Deportation orders, crimes, fraud and many other grounds of inadmissibility can be waived with a nonimmigrant waiver.”
— Brian D. Lerner, Immigration Lawyer
Yes. The only statutory ground you cannot apply for a nonimmigrant waiver would be under a security risk to the U.S.
Normally, that would be submitted once you submit your application for the nonimmigrant visa.
No. Nothing in immigration law is ever guaranteed to be approved. It should be convincing and show you have been rehabilitated.
An INA 212(d)(3)(A) waiver is available for nonimmigrant visa applicants inadmissible under INA 212(a)(2)(B).
Factors in considering whether to recommend a waiver include the nature and date of the offense,
Possible rehabilitation of the alien’s character,
And the necessity for,
Or urgency of, The alien’s proposed trip to the United States.
When applying for a waiver at a US Port of Entry,
Your package should include evidence of your citizenship,
Why you are inadmissible,
All documents showing rehabilitation,
To whom it may concern,
I hope this email finds you well. I wanted to extend my sincere gratitude for your response to my post on the USA VISA INFORMATION & GUIDANCE GROUP on Facebook. It’s comforting to know that there are people willing to help others navigate the often daunting and intricate processes involved in U.S. immigration.
As I mentioned in my post, my situation is a bit complicated due to an incident that occurred 10 years ago, which led to my deportation. Subsequent visa applications have been consistently denied, making it impossible for me to visit the U.S. The interview record from that unfortunate incident has been a continual barrier, as it does not accurately reflect my character or circumstances.
I have sought legal advice on this issue, and my most recent lawyer was able to retrieve the file that the U.S. Citizenship and Immigration Services has on me. While this is a step forward, my lawyer ultimately concluded that there is nothing that can be done to resolve the situation based on that file.
Considering your expertise, I wonder if you might have any insights on how to approach this predicament. Are there specific legal channels or advocates that you would recommend? Is there a way to contest or amend a visa interview record, especially one that was crafted under unjust circumstances?
Your initial response was already a source of hope for me, and any additional guidance you can offer would be invaluable.
Thank you once again for your time and willingness to help. I look forward to hearing from you soon.
Best regards,
Isabella
Good afternoon,
I’m inadmissible under INA 212(a)(6)(c)(ii), incident occurred on Jan 15, 2010 at port of entry San Ysidrio. I’m applying for the non immigrant visa B1/B2 and would like to submit waiver 212(d)(3). Could you please let me know what your fee is in assisting with said waiver?
Additional details:
I lived illegally in the US from age 7 (1997) to age 18 (2009), my parents took me as a child and I migrated back to Mexico on my own free will. My mom asked me to go back to help with my siblings after my parents divorce, hence I attempted to go back with a US passport and birth certificate that did not pertain to me (2010). I applied for a B1/B2 visa (2017) and was found inadmissible then. Because my immediate family lives in California and my new spouse is a US citizen I’d like to apply again for the visa to be able to visit occasionally, especially for important family events. My sister gets married this August but I know it’s unlikely to get a visa appointment or waiver approval by then.
I live in Mexico, I have two kids in Guadalajara with my previous partner and my current spouse and I have a daughter and live in Ciudad Juarez. I have a good paying job in finance at an Irish company with a global presence.
Thank you,
Stefany Adriana Aceves
Thank you for reaching out regarding your situation. I understand that you are seeking assistance with submitting a waiver under INA 212(d)(3) for your B1/B2 visa application.
Our assistance process begins with an initial consultation to review your case history, discuss your current circumstances, and outline the waiver application process. This consultation will help us determine the appropriate fee for your case and ensure we provide the most effective assistance possible.
Please let me know a convenient time for your consultation or if you have any further questions. We are committed to helping you navigate this process and improve your chances of obtaining the necessary visa to visit your family in the United States.