Filing waivers at U.S. Consulates Abroad
The consular officer will typically review your visa application, make an initial finding of inadmissibility, and ask you to return with the waiver application and supporting documents. Some consulates will accept the waiver application on the day of the interview. There is no filing fee to apply for a § 212(d)(3) non-immigrant waiver at the US consulate.
As part of this process, the consular officer will first check to make sure that the following conditions are met:
- The applicant is not inadmissible under INA 214(b) (i.e. does not have immigrant intent)
- The applicant is not inadmissible under INA 212(a)(3)(A)(i)(I), INA 212(a)(3)(A)(ii), INA 212(a)(3)(A)(iii), INA 212(a)(3)(C), or INA 212(a)(3)(E) (covering security-related grounds of inadmissibility)
- The applicant is not seeking a waiver of the non-immigrant documentary requirements of INA 212(a)(7)(B), which may only be waived under the provisions of INA 212(d)(4); and
- The applicant is, otherwise, qualified for the non-immigrant visa he or she is seeking.
The consular officer will then review your waiver application, make a recommendation for issuance of the waiver, then submit it to the Admissibility Review Office based in Washington D.C. for a final decision.
Filing waivers at a U.S. Port of Entry
Filings at the U.S. port of entry is most relevant for visa-exempt nationals such as Canadians and requires use of the Form I-192. The criteria by which the I-192 waiver for Canadians (pursuant to INA 212(d)(3)) is judged is the same as those set forth in Matter of Hranka described above.
In addition to a detailed memorandum discussing the merits of your non-immigrant waiver application in light of the legal criteria set forth in Matter of Hranka, your waiver package should also include the following:
- Evidence of your citizenship.
- Completed Form I-192 signed and submitted by you (no copies).
- U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. C.B.P. Officer at the time of submission of your application.
- A Form G-325A completed and signed by you.
- If you have a criminal record in any other country’s court system, you must also obtain a copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime. If such record is not available, you must obtain an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
Canadians must obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192.
If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed.
In addition, the I-192 waiver should be accompanied by evidence of your reformation of character or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc., or any other information you wish to be considered and you believe strengthens your request.
If you are inadmissible for one of the Health Related grounds identified in the INA, e.g., drug user or addict, you will need to provide evidence of treatment/rehabilitation. Such evidence shall include, but may not be limited to, the following: A recent drug test; credible, verifiable evidence related to rehabilitative history; statement from the applicant making clear his/her commitment to refrain from using controlled substances in the United States; credible, verifiable evidence outlining subject’s program for substitution therapy/treatment and/or continued care relative to his/her drug use/addiction if allowed to enter the United States.
If you have been found inadmissible under section 212(a)(9)(B) of the INA (unlawfully present in the United States) the following detailed information should be submitted regarding:
- Current foreign employment.
- Previous U.S. employment.
- Family members presently living in the United States.
- Past and current United States and/or foreign business investments.
- Any and all ties you have to your present foreign country/residence.
Filing a successful waiver is an arduous task, which requires the expertise of an experienced immigration attorney. At Immigration Solutions LLC we have over 10 years of experience in preparing waivers even for individuals who were previously deported. For more information and help with filing, contact Immigration Solutions LLC at 617) 536-0584 or fill out our Contact Us form.