212d3 Waiver FAQ, Costs & Document Requirement Checklist

What is an I-212d3 Nonimmigrant Waiver and Who Qualifies?

The United States welcomes immigrants from all over the world. However, there are specific requirements that every immigrant must meet before they can be granted entry into the country. One such requirement is the I-212d3 nonimmigrant waiver. In this article, we will discuss what an I-212d3 waiver is, who qualifies for it, and how to apply for it.

An I-212d3 waiver is a type of waiver that allows certain individuals who are inadmissible to the United States to apply for a nonimmigrant visa. It is important to note that not everyone who is inadmissible can apply for this waiver. The I-212d3 waiver is only available to those who have been previously removed from the United States and wish to return as a nonimmigrant.

To qualify for the I-212d3 waiver, you must meet specific eligibility criteria. First, you must have been removed from the United States and have been outside the country for at least 10 years since your removal. Second, you must have a nonimmigrant visa application that has been approved by the United States government. Finally, you must demonstrate that your admission into the United States as a nonimmigrant is not contrary to the national security or foreign policy interests of the country.

To apply for the I-212d3 waiver, you must submit Form I-212 along with your nonimmigrant visa application. You must also include all required supporting documentation, including evidence of your removal and evidence of your eligibility for the waiver.

The I-212d3 waiver is a complex process, and it is recommended that you seek the assistance of an experienced immigration lawyer to help you with your case. A qualified immigration lawyer can help you understand the eligibility criteria, guide you through the application process, and represent you in front of immigration officials.

In conclusion, the I-212d3 nonimmigrant waiver is an option for those who have been removed from the United States and wish to return as a nonimmigrant. However, it is important to note that not everyone who is inadmissible can apply for this waiver. If you believe you may qualify for this waiver, it is recommended that you seek the advice of an experienced immigration lawyer who can guide you through the application process and represent you in front of immigration officials.

Sources:

U.S. Citizenship and Immigration Services. (n.d.). I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Retrieved from https://www.uscis.gov/i-212

U.S. Department of State. (n.d.). 9 FAM 302.10-6 (U) Nonimmigrant Waivers under INA 212(d)(3)(A). Retrieved from https://fam.state.gov/FAM/09FAM/09FAM030210.html#M302_10_6

USCIS. (2014, November 20). USCIS Issues Policy Guidance on the Legal Requirements Regarding the Citizenship and Naturalization of Children of Military Members and Veterans. Retrieved from https://www.uscis.gov/news/news-releases/uscis-issues-policy-guidance-legal-requirements-regarding-citizenship-and-naturalization-children-military-members-and-veterans  

The Electronic System for Travel Authorization (ESTA) is an online application system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). The VWP enables citizens from certain countries to travel to the US for business or pleasure for up to 90 days without a visa.

If you plan to travel to the US under the VWP, you need to apply for an ESTA, which requires certain documents. Here is a checklist of the required documents for an ESTA application:

1. Passport: You need a passport that is valid for at least six months from the date of your intended departure from the US.
2. Personal information: You need to provide your personal information, including your full name, date of birth, and country of citizenship.
3. Travel information: You need to provide information about your travel plans, including your intended date of arrival, address of your stay in the US, and contact information.
4. Employment information: You need to provide information about your employment, including your employer’s name and address, your job title, and your income.
5. Criminal history: You need to disclose any criminal history, including arrests, convictions, and immigration violations.
6. Credit card: You need a credit card to pay the ESTA application fee.

It is important to note that the ESTA is not a visa, and it does not guarantee admission into the US. If you are denied an ESTA, you may still be able to travel to the US by applying for a nonimmigrant visa at a US embassy or consulate.

To ensure that your ESTA application is successful, it is advisable to seek the assistance of an experienced immigration lawyer. An immigration lawyer can help you prepare your application and ensure that you provide all the necessary documents.

Sources:

https://www.cbp.gov/travel/international-visitors/esta/required-documents

https://www.estaform.org/esta-faqs/required-documents-for-esta/  

The INA 212d3 is a section of the Immigration and Nationality Act that allows certain nonimmigrants to apply for a waiver of inadmissibility. It applies to individuals who have been previously removed from the United States or who have accrued unlawful presence.

Here are some interesting facts and statistics about the INA 212d3:

1. The 212d3 waiver was first created in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act.
2. Since its creation, the 212d3 waiver has been used by thousands of individuals to overcome inadmissibility issues and enter or remain in the United States.
3. The waiver is discretionary and is granted on a case-by-case basis. USCIS officers have broad discretion in deciding whether to grant or deny a 212d3 waiver application.
4. The waiver is most commonly used by individuals seeking to enter the United States as temporary workers, such as H-1B visa holders.
5. According to a report by the Congressional Research Service, the number of 212d3 waivers granted increased from approximately 5,000 in 2005 to over 50,000 in 2015.
6. Some U.S. presidents have weighed in on the 212d3 waiver. In 2013, President Barack Obama signed a bill into law that expanded the availability of 212d3 waivers to certain family members of U.S. citizens and permanent residents. In contrast, President Donald Trump’s administration sought to limit the use of the waiver by adding new restrictions and making it harder to obtain.

If you or someone you know is seeking to apply for a 212d3 waiver, it is important to consult with an experienced immigration attorney to guide you through the process and ensure that all required documents are submitted correctly.

Sources:

• USCIS: https://www.uscis.gov/i-212
• Congressional Research Service: https://www.everycrsreport.com/reports/R44230.html
• The White House: https://obamawhitehouse.archives.gov/the-press-office/2013/08/09/statement-president-s-212d3-waiver-provision-signed-law 

The INA 212d3 waiver is a special provision that allows individuals who are otherwise inadmissible to enter the United States for specific purposes. However, obtaining a 212d3 waiver can be a complex and difficult process, which is why hiring an experienced immigration lawyer may be beneficial.

An immigration lawyer can help you navigate the legal complexities of the INA 212d3 waiver process, including gathering and preparing the necessary documents, filing your waiver application, and representing you in any legal proceedings. They can also provide you with valuable advice and guidance throughout the process.

Another reason to consider hiring an immigration lawyer is that they have in-depth knowledge of the INA 212d3 waiver process and can help you identify any potential issues or obstacles that could arise during your application. This can help you avoid delays, denials, or other complications that could affect your ability to enter the United States.

In addition, an immigration lawyer can help you understand your legal rights and options and provide you with personalized support throughout the entire process. They can answer any questions you may have, provide you with updates on the status of your waiver application, and help you make informed decisions about your immigration case.

Overall, if you are considering applying for an INA 212d3 waiver, it is highly recommended that you hire an experienced immigration lawyer to assist you with your case. With their expertise and guidance, you can increase your chances of a successful outcome and achieve your immigration goals.

Source:

• “Why You Need an Immigration Lawyer” Nolo, https://www.nolo.com/legal-encyclopedia/why-you-need-an-immigration-lawyer.html