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212(d)(3) Waiver
Overcoming Grounds of Inadmissibility to the U.S.
The 212(d)(3) Waiver: Overcoming Grounds of Inadmissibility to the U.S.
Navigating the U.S. immigration system can be complex, especially for individuals who are found inadmissible due to criminal history, immigration violations, health-related issues, or other factors. If you find yourself in this situation, you may feel like your hopes of entering or returning to the U.S. have been dashed. However, the 212(d)(3) waiver offers a potential solution. This discretionary waiver allows individuals who are otherwise inadmissible to the U.S. to overcome their grounds of inadmissibility and gain entry. Whether you're seeking to visit the U.S., work, or join family members, understanding how the 212(d)(3) waiver works is crucial. In this guide, we’ll explain what this waiver is, who qualifies, and how Larhdel Law can assist you in securing this vital waiver.
What is the 212(d)(3) Waiver?
The 212(d)(3) waiver is a provision under the Immigration and Nationality Act (INA) that allows individuals who have been deemed inadmissible to the United States to apply for a waiver. This waiver is discretionary, meaning that U.S. authorities will evaluate your individual circumstances before deciding whether or not to grant it. If approved, the waiver allows you to enter the U.S. despite being inadmissible under certain conditions.
Who Needs a 212(d)(3) Waiver?
The 212(d)(3) waiver is often necessary for individuals who have been deemed inadmissible for one or more of the following reasons:
- Criminal Convictions: Felony charges, drug offenses, crimes of moral turpitude (CIMT), or other serious criminal convictions.
- Immigration Violations: Overstaying a visa, entering the U.S. without inspection, or previous deportation.
- Health-Related Issues: Having a communicable disease, mental health issues, or other medical conditions that are grounds for inadmissibility.
- Security-Related Grounds: Involvement with organizations or activities that may threaten U.S. national security.
- Fraud or Misrepresentation: Providing false information during your visa application process or to immigration authorities.
If any of these grounds of inadmissibility apply to you, the 212(d)(3) waiver could be a crucial tool in allowing you to enter or remain in the U.S.
When Can You Apply for the 212(d)(3) Waiver?
You can apply for the 212(d)(3) waiver when you are applying for a nonimmigrant visa to the U.S., such as a visitor visa (B1/B2), work visa (H-1B, L-1), or student visa (F-1), and have been found inadmissible. The waiver is also available if you are applying for adjustment of status while in the U.S. or if you are applying for a fiancé visa (K-1).
It’s important to note that the waiver is discretionary. This means that even if you qualify, USCIS or a consular officer has the authority to approve or deny your request based on your individual case.
How to Apply for a 212(d)(3) Waiver
The application process for the 212(d)(3) waiver involves several critical steps:
- File Form I-601: Submit Form I-601, Application for Waiver of Grounds of Inadmissibility with supporting evidence.
- Submit Supporting Documentation: Include criminal records, rehabilitation proof, and evidence of family ties or community involvement.
- Consular Interview or USCIS Review: Attend an interview or await USCIS review, depending on your case.
- Receive the Decision: USCIS or the consulate will notify you of the outcome.
Why Choose Larhdel Law for Your 212(d)(3) Waiver Application?
At Larhdel Law, we specialize in immigration cases involving inadmissibility and help clients navigate the complex waiver process. Our services include:
- Case Evaluation and Strategy: Determining the best approach for your case.
- Document Preparation and Submission: Ensuring all forms and evidence are complete.
- Expert Legal Support: Assisting in presenting a strong application.
- Waiver Approval Success: Proven track record of securing waivers.
Real-Life Success Stories
- Case 1: Helped a client overcome criminal inadmissibility with proof of rehabilitation.
- Case 2: Assisted a client with immigration violations in securing a waiver.
- Case 3: Supported a client with health-related grounds in gaining entry to the U.S.
Contact Larhdel Law at 310 943 6352 to discuss your case and how we can assist you in securing your 212(d)(3) waiver.
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