212D3 Nonimmigrant Waiver Lawyer NYC

212D3 Nonimmigrant Waiver Lawyer NYC | Feiner & Lavy Law Firm

If you are a nonimmigrant foreign national who is seeking to enter the United States on a temporary basis, it is crucial to understand all of your legal options. One possibility to consider is a section 212(d)(3) nonimmigrant waiver. A 212D3 Nonimmigrant Waiver Lawyer NYC can help you move forward with your waiver application.

Feiner & Lavy, P.C., Attorneys at Law – 212D3 Nonimmigrant Waiver Lawyer NYC

The immigration lawyers at Feiner & Lavy, P.C., Attorneys at Law have decades of experience helping people with their immigration-related needs. We work hard to fight for the legal rights of our clients and make every effort to deliver optimal results. If you are looking for a 212D3 Nonimmigrant Waiver Lawyer NYC, contact our office today to learn more about how Feiner & Lavy, P.C., Attorneys at Law can help you.

What Is a 212(d)(3) Waiver and How Do I Know If I Need One?

A 212(d)(3) waiver allows nonimmigrants who qualify for the waiver to come to the U.S. for temporary purposes. These waivers can be granted pursuant to Section 212(d)(3) of the Immigration and Nationality Act. Under this section of the Act, most grounds of inadmissibility for nonimmigrants can be waived.

Some of the grounds of inadmissibility that can be waived with a 212(d)(3) waiver include:

  • Unlawful presence;
  • Health;
  • Criminal acts;
  • Prostitution; and
  • Smuggling.

However, not all grounds of inadmissibility can be waived under Section 212(d)(3). Grounds of inadmissibility that cannot be waived under these circumstances include security-related crimes and concern, such as sabotage, espionage, genocide, and Nazi Persecution.

A 212D3 Nonimmigrant Waiver Lawyer NYC can help you learn more information about this type of waiver and can also advise you regarding your eligibility for it.

What Happens When I Apply for a 212(d)(3) Waiver?

When you apply for a 212(d)(3) waiver, you will need to fill out an application and submit it to either the U.S. Citizenship and Immigration Services office, the consular office, or to the immigration court considering a pending immigrant visa or adjustment of status application. One of the best ways that you can ensure that you have filled out the correct forms with the required supporting documents is to hire a 212D3 Nonimmigrant Waiver Lawyer NYC to represent you. Your attorney will also be able to help make sure that your application is sent to the correct location, so that your case is not held up any longer than it needs to be.

How Long is a 212(d)(3) Nonimmigrant Waiver Valid?

Nonimmigrant waivers that are granted under section 212(d)(3) of the Immigration and Nationality Act are issued for a maximum of 5 years at a time. In many cases, they are issued for 6-month periods or for one year.

How Does the USCIS Determine If I Qualify for a 212(d)(3) Waiver?

Whether or not an applicant is granted an inadmissibility waiver under Section 212(d)(3) is an entirely discretionary decision. An analysis is conducted in order to balance humanitarian and social considerations against adverse factors.

The INA 212(d)(3) waiver analysis is a purely discretionary determination, and the analysis involves balancing social and humanitarian considerations against adverse factors.

Based on the case Matter of Hranka, the Board of Immigration Appeals also requires the following factors to be considered in a determination of whether or not to approve a Section 212(d)(3) waiver:

  • The reasons for which the applicant wishes to enter the U.S.;
  • The risk of harm to society of admitting the applicant into the country; and
  • The severity of the applicant’s previous criminal law or immigration law violations, if any.

Additionally, consular officers are permitted to recommend waivers for legitimate reasons for seeking entry into the U.S., including visiting family, tourism, business conferences, and for medical care. If you have further questions regarding the factors that the USCIS considers when evaluating an application for this waiver, it is a good idea to consult a 212D3 Nonimmigrant Waiver Lawyer NYC.

How Do I Apply for a 212(d)(3) Waiver of Inadmissibility at a U.S. Consulate Abroad?

Typically, the consular officer will first look over your visa application and make a finding of inadmissibility. Then, you will be asked to return with a waiver application along with any supporting documentation.

In some locations, consulates will accept your waiver application on the same day as your interview. When you file a 212(d)(3) nonimmigrant waiver at the U.S. Consulate, there is no filing fee.

During this process, the consular officer will need to ensure that the below conditions are met:

  • The applicant does not have immigrant intent, and is therefore inadmissible under section 214(b) of the Act;
  • The applicant is not inadmissible under the several different sections of the Act pertaining to security-related grounds of inadmissibility;
  • The applicant is not attempting to waive the nonimmigrant documentary requirements of 212(a)(7)(B)—which can only be waived under 212(d)(4); and
  • The applicant otherwise qualifies for the nonimmigrant visa that they are seeking.

After you have submitted your waiver application, the consular officer will review it and make a recommendation regarding the issuance of the waiver. It will then be submitted to the Washington, D.C. Admissibility Review Office to make a final decision on the waiver.

How Do I File for a 212(d)(3) Waiver at a U.S. Port of Entry?

If you are Canadian or another visa-exempt national, you can also file for this waiver at U.S. Port of Entry. To do so, you must use Form I-192. The I-192 waiver pursuant to section 212(d)(3) is evaluated by consideration of the same factors described above that come from caselaw as established in Matter of Hranka.

Your application for this waiver should also include a detailed memorandum that addresses the merits of your application pursuant to the Hranka factors. The waiver package that you submit should also include:

  • A complete original Form I-192 that you have signed and submitted;
  • Evidence of your citizenship;
  • U.S. Fingerprint card FD-258—which will be completed by a U.S. CBP Officer when you are submitting your application;
  • A Form G-325 A that you have completed and signed;
  • If applicable, a properly executed Form G-28 if you have a 212D3 Nonimmigrant Waiver Lawyer NYC representing you in this matter.

Additionally, if you have a criminal record in the court system of any other country, you will also need to get a copy of the official court record that indicates the plea indictment, disposition, and conviction for each crime. If this record is unavailable for any reason, you are required to obtain a letter from the court of jurisdiction which states the reason for which a copy of your record is unavailable.

If you are Canadian, you must obtain either verification of your criminal record, or evidence confirming that you do not have a criminal record from the Royal Canadian Mounted Police (RCMP). To do this, you will need to submit your fingerprints using Form C216C.

The documents that you receive from the Royal Canadian Mounted Police must be both endorsed and dated by the RCMP within 15 months of your submission with Form I-192. If you have further questions regarding this process, your nonimmigrant waiver attorney can help you.

Are There Any Specific Requirements for Different Grounds of Inadmissibility?

There are additional requirements that must be met to successfully obtain a 212(d)(3) nonimmigrant waiver that are applicable, depending on the grounds on which you were initially found inadmissible. Since this process can be complicated, and it is important to include all necessary documentation and evidence so that your waiver is approved in a timely manner, it is beneficial to hire an experienced 212D3 Nonimmigrant Waiver Lawyer NYC.

Unlawful Presence in the U.S.

If the reason you are found inadmissible is due to an instance of unlawful presence in the U.S., you should include the following details with your application:

  • Any previous employment within the U.S.;
  • Family members who currently live in the U.S.;
  • Any current foreign employment;
  • If applicable, all past and present U.S. and/or foreign business investments you have made; and
  • Details of any ties that you currently have to your present foreign country or residence.

Criminal Grounds

If the reason for your inadmissibility is due to a criminal conviction, your application for a waiver should include a statement written and signed by you that explains the circumstances surrounding each conviction. You should also include evidence demonstrating a reformation of character or steps that you have taken toward rehabilitation.

Health Grounds

For health-related inadmissibility reasons that include drug use or addiction, you will need to provide some evidence of treatment or rehabilitation that you have received. Some acceptable evidence includes a statement confirming the applicant’s commitment to refrain from using controlled substances while in the U.S., recent drug tests, or medical records showing rehabilitation treatment or attendance of counseling programs.

Do I Need A Lawyer to Apply for a 212(d)(3) Nonimmigrant Waiver?

Hiring a 212D3 Nonimmigrant Waiver Lawyer NYC is certainly recommended due to the complexity of these waiver applications, but it is not a requirement. If you are considering filing an application for a 212(d)(3) nonimmigrant waiver, contact us today at Feiner & Lavy, P.C., Attorneys at Law to learn more about how we can help you move forward with your application for a 212(d)(3) waiver.

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**Esto es información general y NO pretende ofrecer asesoramiento jurídico.