Consular Considerations

You will need to have a strong letter and evidence that will convince the visa officer that you deserve another chance, that you should be forgiven, that you are rehabilitated and that you will not do whatever you did in the U.S. again. 

The visa officer will have to consider the three legal factors that must be weighed in deciding whether to grant a waiver:

- The risk of harm to society if a waiver applicant is admitted to the U.S.
- The seriousness of an applicant's prior criminal or immigration violations, if any, and
- The nature of the applicant's reason for wishing to enter the United States.

For example, an individual who has been deported from the United States because of a criminal conviction but has since returned to his or her home country and now has an offer of professional employment from a US company can petition for an H1B visa.a

Waiver Basis

The waiver has no specific form per se but it relies on a defined letter, which sets out the reasons for your inadmissibility and is accompanied by specific and important evidence.

This waiver is anchored to a non-immigrant visa application and is discussed and applied for at the same time as your non-immigrant visa application at the nearest US Consulate. Oftentimes, a consular officer has already made up their mind before you take your seat in the interview and they might initially not be interested in seeing your file. It is vital that you gently request that a supervisor looks at your file because it will contain the essentials of this waiver. 

Waiver Routes

Applicants wishing to apply for a Hranka waiver have two possible routes. An applicant who has not yet been granted a visa may directly request a Hranka waiver from consular officers at the time of applying for a visa at a U.S. consular post. 

An applicant who already has a valid visa but is inadmissible to the U.S. can apply for the waiver at a U.S. port of entry using a process called, “Application for Advance Permission to Enter as Nonimmigrant.”

Categories not applicable

- Genocide
- Espionage
- Sabotage

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Temporary Waiver Categories Applicable

- Immigration fraud
- Unlawful presence
- Criminal convictions
- Health issues
- Misrepresentation
- Illegal working

Section 212(d)(3) of the Immigration and Nationality Act is a broad waiver provision that allows applicants for admission as non-immigrants to overcome almost any ground of inadmissibility found in Section 212(a) of the Act. The only inadmissibility grounds that can not be overcome by the 212(d)(3) waiver relate to foreign policy considerations and participation in Nazi persecutions.

Temporary Waiver Categories
Categories not Applicable
Waiver Routes
Waiver Basis
Consular Considerations
Summary

Summary

So, this is an intensive approach to a very specific non-immigrant application (such as a Tourist visa).

So, for people who were deported many years ago and somehow still find themselves inadmissible, this is pretty much the only shot to wipe the slate clean and gain entry to the US.