Do I need a Waiver?
I-212(D)(3)(A) general waiver for Non-Immigrant Visas:
- This general waiver is available to inadmissible individuals that do not have an immigrant waiver available.
- This waiver is used to overcome: Deported(formally removed),Expedited removal orders, or applicants for admission as nonimmigrant’s to overcome almost any ground of inadmissibility found in Section 212(a) of the Act.
- Unlike most provisions of the Act, this waiver contains no bar for those convicted of aggravated felonies.
- The only inadmissibility grounds that cannot be overcome by this waiver relate to foreign policy considerations and participation in Nazi persecutions.
- The waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. For example, an individual who has been deported from the United States because of a criminal conviction but has since returned to his or her home country and now has an offer of professional employment from a US company can petition for an H1B visa along with this general waiver.
- The benefit of this waiver lies in the broad range of eligible applicants. However, these waivers are not always easy to obtain, particularly in the case of individuals with criminal convictions. In addition, the applicant must be eligible for a nonimmigrant visa. The Law Offices of Caro Kinsella, will prepare a legal memorandum of law arguing the pertinent law based on the specific facts to your case.
- For inadmissible individuals with no other way to return to the United States, this waiver might provide a temporary solution to what can be a very difficult and lengthy time separated from family, friends or business matters.