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212(d) Hranka Waiver

What is an 212d Hranka Waiver

As outlined in Section 212(d)(3) of  INA, individuals ineligible for a non-immigrant visa or considered inadmissible for specific reasons may be granted entry into the U.S. at the discretion of U.S. immigration officers. Commonly referred to as the Hranka waiver, this designation stems from the prominent immigration court case known as the “Matter of Hranka.”

According to the case “Matter of Hranka” the following three factors must be outweighed  in deciding whether to grant a waiver:

  1. the risk of harm to society if a waiver applicant is admitted to the U.S.
  2. the seriousness of an applicant’s prior criminal or immigration violations, if any, and
  3. the nature of the applicant’s reason for wishing to enter the United States.

Am I Eligible for the I-192 Waiver ( non-immigrant visa waiver)?

Eligibility for a nonimmigrant visa waiver, often associated with the 212d waiver, depends on various factors and specific circumstances. Here are general considerations for eligibility:

  1. Nonimmigrant Intent:
    • Nonimmigrant visas are for individuals who have a temporary purpose for their visit to the United States. If you are planning to stay temporarily and can demonstrate nonimmigrant intent, you may be eligible.
  2. Temporary Stay:
    • You should have clear and temporary plans for your stay in the U.S. This could include reasons such as tourism, business meetings, educational pursuits, or medical treatment.
  3. Intent to Return Home:
    • You must have concrete plans to return to your home country once your authorized stay in the U.S. expires. Demonstrating ties to your home country, such as family, employment, or property, can support your intent to return.
  4. Specific Requirements:
    • There may be specific requirements based on the type of nonimmigrant visa you are applying for. For example, tourist visas (B visas), work visas (H visas), student visas (F visas), etc., have different criteria.
  5.  Three factors to consider to overcome the inadmissibility for a non-immigrant visa.
    • the risk of harm to society if a waiver applicant is admitted to the U.S.
      • the seriousness of an applicant’s prior criminal or immigration violations, if any, and
    • the nature of the applicant’s reason for wishing to enter the United States.

However,  your  212d waiver will be denied  if you have certain grounds of inadmissibility, such as:

    • If you travel to the U.S. to commit sabotage, espionage, and other unlawful actions designed to control, oppose or overthrow the U.S. government.
    • If you are guilty of committing acts of genocide, torture, or extrajudicial killings.
    • If you are a Nazi who has harmed or persecuted others.

How do I apply for a 212d Hranka Waiver

To apply for a 212(d)(3) waiver, you typically submit your request to the appropriate U.S. government agency, depending on your specific circumstances. Here are common scenarios and the corresponding agencies where you might apply:

  1. Applying at a U.S. Embassy or Consulate:
    • If you are outside the United States and plan to apply for a nonimmigrant visa, you may submit your 212(d)(3) waiver request at the U.S. Embassy or Consulate where you are applying for the visa.
  2. Applying at a U.S. Port of Entry:
    • If you are at a U.S. port of entry seeking entry, you may be able to present your request for a 212(d)(3) waiver directly to the U.S. Customs and Border Protection (CBP) officers.
  3. Applying for Advance Permission (Form I-192):
    • The most common form used to apply for the 212(d)(3) waiver is Form I-192, “Application for Advance Permission to Enter as a Nonimmigrant.” You may need to file this form with the appropriate agency depending on your location and the type of visa you are applying for.

Important Links for Related Visas

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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