212(d)(3) Non-immigrant Waiver
Non-immigrants are foreign nationals seeking to enter the U.S. on a temporary basis. They differ from immigrants who intend to live in the U.S. on a permanent basis.
Section § 212(d)(3) of the Immigration and Nationality Act waives virtually all grounds of inadmissibility for non-immigrants including health, criminal, prostitution, smuggling, and unlawful presence. The only grounds of inadmissibility not waived are certain security-related grounds related to espionage, sabotage, genocide, and Nazi Persecution.
§ 212(d)(3) non-immigrant waivers are adjudicated by the Admissibility Review Office located in Washington D.C. The three criteria for granting a waiver under § 212(d)(3) are set forth in the Matter of Hranka:
1. The risks of harm in admitting the applicant
2. The seriousness of the acts that caused the inadmissibility
3. The importance of the applicant's reason for seeking entry.
Both Dept. of State regulations and the Foreign Affairs Manual provide that:
"while the exercise of discretion and good judgment is essential, generally, consular officers may recommend waivers for any legitimate purpose such as family visits, medical treatment (whether or not available abroad), business conferences, tourism, etc." 22 CFR 40.301; 9 Foreign Affairs Manual 40.301 N3
§ 212(d)(3) non-immigrant waivers are filed either at the U.S. consulate with jurisdiction of your place of residence or at a U.S. port of entry.
Non-immigrant waivers pursuant to INA § 212(d)(3) may only be issued for a maximum period of 5 years at a time. They are typically issued for 6 month or 1 year periods.
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. The consular officer will 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. Up-to-date information on filing locations and procedures for Canadians can be found at: http://www.cbp.gov/xp/cgov/travel/id_visa/indamiss_can_info.xml.
Why Hire The Law Offices of Michael S. Cho
The Law Offices of Michael S. Cho has secured immigration waivers for foreign nationals who come from countries around the world including Australia, Brazil, Canada, Colombia, China, Germany, France, Greece, Italy, Japan, Mexico, Thailand, the Philippines, the United Kingdom, Russia, South Korea, and Vietnam. We have clients who reside in states throughout the United States.
- We have clients who reside in states throughout the United States and throughout the world.
- We specialize in preparing winning I-601, I-212, and 212(d)(3) waivers for complex cases involving clients who are inadmissible to the U.S. due to unlawful presence, a prior deportation, misrepresentation/fraud, or a criminal conviction in their background.
- We maintain a very high success rate on immigration waiver applications filed on behalf of our clients.
- All legal representation is handled directly by attorney Michael S. Cho, a long-time member of the American Immigration Lawyers Association.
- Attorney Michael S. Cho is a graduate of the University of Chicago Law School, one of the top law schools in the nation, where he studied immigration law directly under Professor Barack Obama, now President of the United States of America.
- We utilize the latest in secure technology to effectively represent our clients who reside throughout the U.S. Video conferences are available with attorney Michael S. Cho so that all your questions can be answered in face-to-face meetings regardless of where you may be located.
(Past results do not constitute a guarantee , warranty, or prediction regarding the outcome of your legal matter)
All of our clients receive VIP treatment consisting of the following services:
- Unlimited consultations with Attorney Michael S. Cho.
- You always have access to an experienced immigration lawyer who is long-time member of the American Immigration Lawyers Association and a graduate of the University of Chicago Law School, one of the top law schools in the nation. You will always have your questions answered from the moment your case is opened until your immigration waiver and K-3 Spouse Visa are secured.
- 24 hour / 7 day a week access to the Client Update Center.
- All of our clients may request access to our online case management system, which allows them to monitor the status of their case as it progresses from filing to resolution. All important USCIS correspondence and receipts are electronically scanned and can be made available to you confidentially through your own personal account so that you never lose track of important dates and information.
- Instant digital access to every document in your legal case file.
- Every single document you submit to us along with all USCIS and Dept. of State correspondence and receipts are digitally scanned and securely stored with our law firm as part of your case file. This has proven invaluable for our clients located throughout the world who require instant access to critical documents before embassy interviews, USCIS appointments, and other important events.
- Expert attorney preparation of your USCIS and Consular forms.
- Your petition is personally prepared and reviewed by Attorney Michael S. Cho and meticulously checked for accuracy. We try to make sure that EVERYTHING is done right the first time, so that you avoid unnecessary delays and denials. We help you gather all required Supporting Documents, complete all USCIS and consular forms, and submit everything in the most expeditious manner possible.
- Constant monitoring and advocacy on your behalf.
- Our work does not end with the submission of your petition. We keep tabs on your case as it is being processed, keeping you up to date on its status. The vast majority of our clients encounter no delays or problems with their cases due to our experience and expertise.
- Preparation of the 212(d)(3) non-immigrant waiver.
- Attorney Michael Cho personally prepares and reviews your 212(d)(3) non-immigrant waiver application and goes through several revisions to make it as powerful and persuasive as possible. We draft a personalized waiver statement citing legal case law (set forth in Matter of Hranka) tailored to your situation to maximize the probability of approval of your waiver application. We inform you of the supporting documents necessary to maximize your chances of getting the waiver approved. Typically, this consists of affidavits from people who know you and can attest to your good moral character and reputation in the community; your reasons for wanting to visit the United States; evidence of reform and rehabilitation such as therapy, employment, education, community involvement, and treatment or counseling; as well as your previous immigration and/or criminal records.
- Preparation for the interview.
- Attorney Michael Cho personally prepares you for the consular interview. We provide a checklist of all the documents you should gather and take to the interview and go over the types of questions that are likely to be asked. Many have found this prep session invaluable in easing their fears and feeling confident going into their appointment.
- Continued immigration support.
- We can continue to monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status. We try to inform you when additional filings or actions must be taken and handle everything in the same professional and expeditious manner as before.
Testmonials from some of our current and past clients can be found on our new Facebook page at: https://www.facebook.com/michaelchoimmigration.
You may also view client reviews for family-based immigration cases handled by Attorney Michael S. Cho (including I-601 waivers, I-212 waivers, fiance and marriage visas, adjustments of status, and removal of conditions) on our site for international couples at: http://www.smartimmigrationlawyer.com/michael-s-cho-immigration-lawyer-reviews.