Section 212 D 3

Waiver application at the u s.

Section 212 d 3. Attorney general to waive most grounds of inadmissibility for non immigrants seeking to enter the u s. On a temporary basis. Applicants who need a nonimmigrant visa must file the 212 d 3 a i waiver with the u s.

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. This repetition of headings to form internal navigation links has no substantive legal effect. Consulate or with the cbp at a u s.

Examples include people seeking a b 1 or b 2 visitor visa an f 1 student visa or an h 1b worker visa. Upon admitting an alien who has been granted the benefits of section 212 d 3 a of the act the immigration officer shall be guided by the conditions and limitations imposed in the authorization and noted by the consular officer in the alien s passport. Ina 212 d 3 a factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense possible rehabilitation of the alien s character and the necessity for or urgency of the alien s proposed trip to the united states.

A nonimmigrant waiver can be issued for a one year term five year term in limited circumstances where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to us interests. The only grounds of inadmissibility not waived are certain security related grounds related to espionage sabotage genocide and nazi persecution. This table of contents is a navigational tool processed from the headings within the legal text of federal register documents.

The 212 d 3 waiver allows nonimmigrant applicants to overcome most grounds of inadmissibility found in immigration and naturalization act ina 212 a. Waiver for ineligible nonimmigrants under section 212 d 3 a i of the immigration and nationality act. Section 212 d 3 of the immigration and nationality act ina allows the u s.

Exercise of authority under section 212 d 3 b i of the immigration and nationality act. Port of entry or preclearance office. Chapter 3 admissibility and waiver requirements.