212d3 waiver of inadmissibility for non-immigrants

212d3 waiver of inadmissibility for non-immigrants

Are you inadmissible to the United States? If this is your case, call us today at (619) 746-8879

The 212d3 waiver is a very popular immigration waiver that can be used by non-immigrants to enter the United States. It allows the US Attorney General to waive most grounds of inadmissibility for non-immigrants who want to enter the country temporarily.

Some examples of those who can use this waiver are those people seeking a B-1 or B-2 visa, an F-1 student visa or an H-1B worker visa. The waiver is not valid for those seeking a lawful permanent residence (Green Card) or to naturalize as a US citizen.

What grounds of inadmissibility can be waived under INA 212d3?

The 212d3 can be used to waive almost any grounds of inadmissibility, such as health grounds, convictions or aggravated felonies, drug crimes, fraud or those crimes that involve moral turpitude. However, espionage, sabotage, genocide or Nazi persecution are grounds that cannot be waived with a 212d3 waiver.

Also, people who had prior removal orders or were caught entering the US unlawfully may too be able to get a 212d3 waiver for temporary admission, which can be sought at any time.

Nonetheless, it is important for you to know if you are seeking to enter the United States with this waiver that it is a discretionary measure based on mainly three criteria:

1. The risk of harm to society if the applicant is admitted;
2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and
3. The alien’s reasons for wishing to enter the US. 

In addition, the alien’s reasons for wanting to enter the US do not need to be compelling and they do not need to show family ties to US citizens or permanent residents. Moreover, waiver applicants can be accepted for legitimate purposes such as family visits, medical treatments, business conferences or tourism, without limitation.

Requirements for filing a 212d3 waiver

First of all, the person applying needs to let the government know the details of what caused him or her to be inadmissible. Information about the intended trip to the United States is also requested, including the length of the stay and purpose. Proof of rehabilitation and that he or she is low risk if allowed in the country is also required.

However, keep in mind that the more serious or recent a criminal conviction or immigration violation, the more difficult it would be to obtain a waiver.

These waivers are good for a maximum of five years but may be issued for less and you can request them at a US consulate or port of entry.

212d3 waiver requests filed with a US consulate take at least 30 days to process but can take up to 90 or 180 days. Those who file at a US port of entry can expect a minimum processing time of 90 to 120 days but it all depends on the complexity of your situation and the office’s workload.

212d3 waiver and criminal convictions

If you are inadmissible to the US because of a criminal conviction you will need to submit a statement explaining the circumstances of each arrest, conviction and resulting sentence or fine you received. In the case the conviction occurred in a country different than the United States, the alien must submit a copy of the official court record.

Evidence of rehabilitation will also be required and these can be: 

• Counseling programs completed; 
• Current employment;
• Marital status; 
• Community service; 
• Letters of recommendation; or 
• Any other evidence that could be helpful for their case.

For those who want to get a waiver of health-related inadmissibility (including drug abuse or addiction), they would need:

• A recent drug test; 
• Completion of a drug counseling program;
• A statement showing a commitment to refrain from using controlled substances in the United States; 
• Verifiable evidence of enrollment in a course of continuing counseling in the US; or
• Anything else that outlines how the alien will deal with the health issue if allowed to enter the country.

And finally, those considered inadmissible because of unlawful presence will need to provide information regarding their current foreign employment, previous US employment, family member presently living in the United States, and past and current business investments.

If you need help with filing a 212d3 waiver because you are considered inadmissible by the United States, please seek advice from an immigration lawyer. In California, the professional immigration attorneys are ready to help you obtain what you need in order to lawfully enter the country. Contact us today!