Other Waivers
What is the I-212 waiver?
The I-212 waiver is for aliens who have been deported or removed from the United States. Through this waiver, they can request permission to re-enter the U.S.
Requirements:
Decisions to grant the waiver are usually discretionary, but aliens have a higher chance of getting approved if:
They have shown good moral character/do not have a serious criminal record or repeated immigration violations.
They have family and/or work ties to the United States
Their family in the United States will likely experience hardship if they do not return.
They are not likely to become a public charge
They have only been deported or removed once.
Process of I-212 waiver:
The alien will have to undergo the typical visa application process, including an interview at the U.S. Consulate.
After the interview, the alien will have to file Form I-212 because they were deemed ineligible for the visa because of their previous deportation.
Some supporting documents to include:
Copies of documents relating to deportation/removal proceedings
Evidence of relationship to immediate relatives
If Form I-212 is approved, the alien will be able to reschedule their visa interview.
What is a 212(d)(3) Hranka Waiver?
This is a waiver applicable to aliens who intend to enter the U.S. on a temporary basis. It can waive most grounds of inadmissibility except those related to
Espionage
Sabotage
Genocide
Nazi persecution
Requirements:
Three main criteria are considered when granting a waiver.
The alien’s risk of harm to others when entering the U.S
The gravity of any previous crimes or criminal violations that may have caused the inadmissibility
The alien’s reason for entry*
*Note that the reason for entry does not need to be compelling, only legitimate. Waivers can be given for tourism, family or medical visits, etc.
Process of a 212(d)(3) Haranka Waiver:
A 212(d)(3) Hranka Waiver can be filed at either a U.S Consulate or a U.S Port of Entry
S CONSULATE:
After filing the visa application at a U.S. Consulate, the consular officer will make an initial finding of inadmissibility, whereupon the alien can file a 212(d)(3) waiver. Some consulates may accept the waiver on the same day, however, others will require it at a later date. After submitting the waiver application, the consular officer will review the application. If they believe the waiver should be granted, they will submit the application with a positive recommendation to the Admissibility Review Office (ARO).
ARO will then decide to grant the waiver or not. However, it should be noted that even if the waiver is approved, the U.S. Consulate may deny the visa application for other reasons.
S PORT OF ENTRY:
This is typically the option for visa-exempt aliens (such as Canadian citizens).
Documents required:
Signed Form I-192 (not a copy)
Evidence of citizenship
Completed and signed Form G-325A
FD-258 U.S. Fingerprint card
If applicable, a copy of the official court record of any crimes the alien was convicted for in other countries. If this is not available, the alien must provide a letter from the court explaining why the records are not available.
If the alien is inadmissible because they were convicted of a crime, they must provide a signed statement explaining the nature and circumstances of the conviction.
What is a 212(h) Waiver for Criminal Convictions?
The 212(h) waiver can be used when applying through a U.S. Consulate when requesting an adjustment of status, when declared inadmissible at the border, or when in removal proceedings.
It can waive the following crimes of inadmissibility:
Crimes involving “moral turpitude” (otherwise known as CIMT)
Several criminal convictions (does not include money laundering)
Prostitution and commercial vice
Simple possession of 30 grams or less of marijuana or a minor-related offense
It may not waive crimes involving murder, torture, aggravated felonies, and other violent crimes except in extraordinary circumstances.
Requirements:
The alien has to prove:
The crimes for which the alien is inadmissible happened more than fifteen years before the date of their application OR the crime is solely prostitution
The alien has evidence of their rehabilitation and their entry would not be a threat to society or the security of the U.S. Evidence such as affidavits from friends or documents indicating therapy would help.
The alien’s denial of entry would result in “extreme hardship” to their spouse, child, or parent who is a U.S. citizen or a permanent resident.
They are VAWA self-petitioners.
Recent News
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Clients Comments
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.