Certain individuals may be considered inadmissible in the US and therefore denied temporary visas. Should this be the case, you should immediately speak to a qualified immigration lawyer. They may be able to help you to obtain a non-immigrant visa by submitting a request for a waiver of the inadmissibility grounds. There are different types of waivers. Which one will be used in your case depends on the circumstances and possible legal arguments that can be raised on your behalf. One of the commonly used waivers for non-immigrant visa applications is I-212.
The request for a waiver must be submitted together with the completed application for a non-immigrant visa to the US Consulate in the country of the applicant’s residence. The waiver is a long legal document, usually presented in the form of a legal memorandum, in which an immigration attorney lists all arguments of why inadmissibility should be waived and an applicant be issued a requested visa.
The consular officer may recommend an INA 212(d)(3)(A) waiver for any non-immigrant whose case meets certain legal criteria and whose presence would not be harmful to U.S. Eligibility for a waiver is not conditioned on having close family relationship in the US, or passage of some amount of time since the commission of the offense, or any other event. It is also not required that waivers be granted only for humanitarian or other exceptional reasons. While exercising his discretion and good judgment, the consular may approve waivers for any legitimate purpose such a family visits, medical treatment, business conferences, tourism, etc.
The consular officer should consider the following factors, among others, when deciding whether to recommend a waiver
- The seriousness of the activity that caused the applicant’s inadmissibility
- The reason for the proposed travel to the United States; and
- The positive or negative effect of the planned travel on U.S. public interests.
Retain the services of an experienced immigration attorney to put together the proper forms and documentation, properly file and prosecute your case. This will help to significantly raise your chances of a successful application.
