Nonimmigrant Waivers Pursuant to INA § 212(d)(3), Including Form I-192
- the risk of harm to society if the applicant is admitted;
- the seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and
- the nature of the applicant’s reasons for wishing to enter the United States.
The Congress, in enacting INA § 212(d)(3)(A), conferred upon the Secretary of State and consular officers the important discretionary function of recommending waivers of nonimmigrant visa ineligibilities to the Department of Homeland Security for approval.
You should not hesitate to exercise this authority when the alien is entitled to seek waiver relief and is otherwise qualified for a visa, and when the granting of a waiver is not contrary to U.S. interests.
- The applicant is not inadmissible under INA § 214(b) [an intending immigrant];
- The applicant is not inadmissible under INA § 212(a)(3)(A)(i)(I), INA § 212(a)(3)(A)(ii), INA § 212(a)(3)(A)(iii), INA § 212(a)(3)(C), or INA § 212(a)(3)(E) [security-related grounds of inadmissibility;
- The applicant is not seeking a waiver of nonimmigrants documentary requirements of INA § 212(a)(7)(B), which may only be waived under the provisions of INA § 212(d)(4); and
- The applicant is, otherwise, qualified for the nonimmigrant visa he or she is seeking.
Eligibility for a waiver is not conditioned on having some qualifying family relationship, or the passage of some specified amount of time since the commission of the offense, or any other special statutory threshold requirement. The law does not require that such action be limited to humanitarian or other exceptional cases. While the exercise of discretion and good judgment are essential, you may recommend waivers for any legitimate purpose such as family visits, medical treatment (whether or not available abroad), business conferences, tourism, etc.