Why do you need a waiver to get your visa approved:
Most people we speak to either don’t know anything about a waiver or if they do don’t know how they work or what is involved. If your case needs a waiver and many do then schedule to speak to Caro and listen to one of our audios online.
If you have done something in your past that has violated US immigration laws for example:
• you have been arrested and
• or convicted or
• you lied/mistakenly stated something on a form you filled out and
• or admitted to an element of a crime and
• or worked unlawfully while inside the United States and
• or overstayed your permitted stay in the United States
you most likely will need a general non-immigrant visa waiver before the consular officer will approve your visa. The non-immigrant visa waiver is found under INA an I-212(d)(3)(A).
Non-immigrant visa waivers are discretionary, this means it is discretionary on the officer whether they will adjudicate your case and recommend the waiver when you go to the consulate. This sometimes can be a battle to get the consulate to recommend your waiver so do not go to the consulate assuming the officer will take the waiver from you. You should consult with Caro and/or listen to one of the audios on our website that explains the waiver process in greater detail.
This waiver is not adjudicated by the consular officer.
Instead, the consular officer’s role is to see if the underlying visa is approvable. You must have an underlying visa with a waiver; for example, a tourist visa (B2). You can’t just go to the consulate with just a waiver application. If the consular officer feels the underlying temporary visa is approvable, then their role with the waiver is to recommend the waiver to the ARO.
The Admissibility Review Office (ARO) is based in Washington; the officer here will adjudicate your waiver.
DHS has established three main criteria to help adjudicate:
1. risk of harm to society if the applicant is admitted
2. the seriousness of the prior violation
3. the applicant’s reason for seeking entry
The case law for the non-immigrant visa waiver is very strong; we argue this when putting together your waiver petition case. The case law is so strong it overcomes all types of issues, except espionage and terrorism.
The adjudication of such waivers will take a minimum of six months; there is no real way to expedite things.
The officer in Washington will either say yes or no. If the officer does not approve your non-immigrant visa waiver application, there is no appeal. The only way around this is to resubmit the underlying visa, have the consular officer recommend the waiver to the ARO again in hopes it goes before a different officer. Our office also has other strategies for denials.
Many times we see an officer deny an applicant’s visa without advising them they need a waiver and it is only by speaking to Caro they realize without a waiver application their visa will continue to be denied.
