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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
Non Immigrant Waivers
212(d)(3) Waivers
If I have a deportation order, can I apply for this nonimmigrant waiver?

Yes. The only statutory ground you cannot apply for a nonimmigrant waiver would be under a security risk to the U.S.

When do I submit the nonimmigrant waiver?

Normally, that would be submitted once you submit your application for the nonimmigrant visa.

Is it guaranteed to be approved?

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,
Waiver forms and if you have it a legal brief arguing why you should be granted the waiver.

1 thought on “Non Immigrant Waiver of Inadmissibility”

  1. 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,

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