A nonimmigrant visa waiver, for persons applying from abroad, set forth in Section 212(d)(3) of the Immigration and Nationality Act (INA), waives nearly all grounds of inadmissibility except security-related grounds, foreign policy consequences, Nazi persecution, and participation in genocide. Aside from these exceptions, any ground of inadmissibility is waivable in conjunction with a nonimmigrant visa (such as a tourist, or student visa, among others) if the visa applicant can establish that they are eligible for the visa and not a threat to U.S. interests. The U.S. government will consider the following factors in determining whether to approve a waiver:
- the recency of the act constituting the basis for inadmissibility;
- the reasons for the applicant’s travel to the U.S.; and,
- the positive or negative effects of the applicant’s travel to the U.S.
To speak with an immigration attorney about nonimmigrant waivers and whether waiver applies in your case contact Grossman Young & Hammond.