Www.uscis.gov Holds all the clues for your research. If you feel overwhelmed at any given moment as you do your research, do not worry, you are in a good company of many. That means you need a consultation with an immigration lawyer.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
An application for a 212(d)(3) waiver is filed in conjunction with a nonimmigrant visa application. The application is not adjudicated by the consular officer. Rather he or she can decide whether to recommend to U.S. Customs and Border Protection (CBP) whether you should be granted a waiver (if the consular officer declines to recommend a waiver the process is over). The final decision is made by CBP. At present, processing time can be 6 to 9 months.
There is much more to a successful waiver application then just completing a form. Why you are inadmissible is extremely important and you must establish why that ground of inadmissibility should be waived. Consult with an experienced immigration attorney. Many attorneys will conduct consultation via telephone or Skype for prospective clients outside their local area.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
This waiver can be filed after being found inadmissible. These waivers consider the nature and recency of the violation. You should have an experienced attorney handle it who has done many of these. Good luck to you.
You should apply for the B first. If you are successful, you will move to the waiver stage. You should consult with an attorney experienced in consular processing before proceeding, particularly to get a sense of the strength of your B visa application (i.e. reasons for travel, etc.)
Immigration & Consular Lawyer