Experience, Integrity, Service

The 212(d)(3) Nonimmigrant Waiver

Section 212 (d)(3) of the Immigration and Nationality Act (“the Act”) provides a potential waiver of most inadmissibility grounds for those applying for an underlying non-immigrant visa, such as a B-1/B-2 tourist, F-1 student, H-1B or L visa. The only grounds of inadmissibility that cannot be overcome by the 212(d)(3) waiver relate to foreign policy considerations and participation in Nazi persecutions.

Caroline Ostrom, Minneapolis business immigration attorney, assists non-immigrants petitioning for 212(d)(3) Waivers anywhere in the world. We encourage you to contact us if you need legal advice about regarding the waiver and the application process.

Standards and Process for the 212 (d)(3) Waiver

In assessing whether to grant the 212 (d)(3)waiver, the government considers the following: 1) the risk of harm to society if admitted; 2) the seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and 3) the reasons for wishing to enter the U.S.

You apply for the waiver at the relevant U.S. Consulate, or at a Port of Entry, if a Canadian citizen and visa-exempt for the immigration classification sought. If applying through a U.S. Consulate, there is no specific form or fee for the 212 (d)(3) waiver. If applying at the Port of Entry, the waiver is applied for on a Form I-192, with the applicable filing fee and supporting documentation. In either case, the officer forwards the request to the Admissibility Review Office (“ARO”) in Washington, DC. The ARO can take six months to a year to process a waiver. If granted, the waiver can cover up to a five-year period, but it is generally issued in smaller increments. Inadmissibility waivers must be renewed if the ground for inadmissibility remains; they are never permanent.

How Our Minneapolis Immigration Attorney Can Help

The 212 (d)(3) Waiver is broad, offering potential entry into the U.S. for non-immigrants who might consider themselves hopelessly inadmissible due to prior immigration or criminal violations. However, the Waiver is also discretionary, and the government can deny the waiver without explanation. We assist clients to determine the feasibility of the waiver, document the grounds for approval, and facilitate planning with relevant process and timeframe information.

Based in Minneapolis, our immigration team works with non-immigrant visa applicants throughout the globe who seek 212(d)(3) Waivers. We welcome you to contact Ostrom Law Office for assistance with your immigration matter.

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