Non-immigrant Visa Waivers.

Alexander Joseph Segal

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Immigration Attorney

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Posted over 1 year ago. 10 helpful votes

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Nonimmigrant Waivers - Fraud or Misrepresentation

There are circumstances when the applicant is not interested in pursuing immigration purposes and needs to visit the United States for business related purposes; to attend a conference or meetings or attend to a family matter. The Congress contemplated such scenarios and came up with a statutory scheme which allows such visits despite inadmissibility grounds which it deemed waivable in the discretion of the Attorney General.

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The Law

INA ? 212(d)(3) - Except as provided in this subsection, an alien (i) 20b/ who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof may be admitted upon permision of AG

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Continued

into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

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What does it mean?

What this section means in essence is that nonimmigrant waivers are much more liberal in their application and more likely to be granted. Such waivers do not require showing of hardship. They do not even require presence of a family in the US. The standard is different. All they ask for is a recommendation from the USDOS and permission by the AG. While they are still very discretionary, they are routinely granted upon showing of good cause in conjunction with solid ties to the country from which the applicant seeks a nonimmigrant visa. In cases, when a visa a dual intent visa and does not require showing of ties, valid business or humanitarian reasons may also trigger a positive outcome of the waiver. Sometimes, the a monitory bond may be required to make sure the individual would comply with the conditions of admission.

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Conditions and Bonds?

US AG is allowed to impose whatever conditions on the admission, he or she may deep necessary to secure proper compliance of the applicant with the terms of his or her admission. Consulting with an immigration attorney in this context is very beneficial because it way resolve many preliminary issues, provide guidance and consul necessary to insure best possible changes of a positive outcome of a waiver application. While discretionary, waiver determinations are not arbitrary and do adhere to principals of common sense, basic fairness and policy considerations associated with either the case at hand or a type of cases the present case belongs to.

Additional Resources

www.myattorneyusa.com

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