What Waiver Can Help Overcome Inadmissibility for a Temporary Visit to the U.S.?

Question from Kaz, What Waiver Can Help Overcome Inadmissibility for a Temporary Visit to the U.S.?

Answer from AI:

If you’ve been found inadmissible to the United States under sections 212(a)(2)(A)(i)(I) and 212(a)(2)(B) of the Immigration and Nationality Act (INA), it means you were deemed inadmissible due to a criminal conviction and multiple criminal convictions, respectively. Understanding your options for waivers that could allow you to visit family in the U.S., even temporarily, is crucial. It’s important to note that immigration law can be complex, and seeking personalized legal advice from an immigration attorney is highly recommended.

Understanding Your Inadmissibility

First, let’s clarify the grounds of your inadmissibility:

• Section 212(a)(2)(A)(i)(I) relates to crimes involving moral turpitude (CIMT), excluding certain petty offenses.
• Section 212(a)(2)(B) pertains to individuals with two or more convictions for which the aggregate sentences to confinement were five years or more.

Waivers for Temporary Visits

For temporary visits, the most relevant waiver is under Section 212(d)(3) of the INA. This waiver is available for nonimmigrants—that is, individuals seeking to enter the U.S. on a temporary basis, such as for tourism, business, or medical treatment.

Section 212(d)(3) Waivers

The 212(d)(3) waiver can be applied for by individuals who are otherwise inadmissible but wish to enter the U.S. temporarily. Here’s what you need to know about this waiver:

• Discretionary: The granting of this waiver is highly discretionary, meaning it’s up to the immigration officials to decide based on the merits of your case.
• Criteria: When considering your application, officials will weigh factors such as the risk of harm to society if you’re admitted, the seriousness of your criminal or immigration violation(s), and the reason for your visit to the U.S.
• Application Process: Typically, you apply for this waiver in conjunction with a nonimmigrant visa application. You’ll need to disclose your inadmissibility and provide detailed information about your situation.

Steps to Take

1. Consult an Immigration Attorney: Given the complexity of immigration law and the discretionary nature of waivers, consulting with an attorney who specializes in immigration law is crucial. They can provide guidance tailored to your specific circumstances.
2. Prepare Your Application: If advised to proceed, you’ll need to gather documentation that supports your case. This may include evidence of rehabilitation, ties to your home country, and the purpose of your visit to the U.S.
3. Apply for a Nonimmigrant Visa: You’ll need to apply for the appropriate nonimmigrant visa for your temporary visit. During this process, you’ll disclose your inadmissibility and submit your waiver application.

Important Considerations

Remember, the success of a waiver application depends on various factors, including the nature of your inadmissibility and your reasons for wanting to enter the U.S. There’s no guarantee of approval, and the process can be lengthy.

For more detailed information on the waiver process and eligibility, the U.S. Citizenship and Immigration Services (USCIS) website is a valuable resource. Additionally, the U.S. Department of State’s Bureau of Consular Affairs provides guidance on applying for nonimmigrant visas.

Final Note: This overview is intended to provide general information and should not be taken as legal advice. Each case is unique, and laws and policies are subject to change. Consulting with a legal professional who can offer advice based on your specific situation is essential.