Immigration Lawyers Toolbox Magazine
212(D)(3) NONIMMIGRANT WAIVER FOR YOUR O-1 CLIENTS: What Do You Have to Lose? by BEATA LEJA, Esq.
Beata Leja, Esq.
BLeja@mmhpc.com
A
lthough uncommon, some O-1 clients are inadmissible to the United States for a variety of reasons and therefore unable to pursue their field of extraordinary ability in the country until the ground of inadmissibility is waived. For example, a client may have been brought to the United States without inspection as a child, but is now willing to consular process their O-1 with a waiver. In another example, a fashion designer client was issued an expedited removal order by CBP after they previously overstayed their prior visa. In instances where the O-1 client is inadmissible to the United States, it is worth considering a 212(d)(3) nonimmigrant waiver. Unlike the I-601A and I-601 waivers for immigrants, the 212(d)(3) waiver is temporary, does not require having any qualifying relatives, and waives nearly every ground of inadmissibility, with few exceptions.
What Grounds of Inadmissibility Can be Waived? INA 212(d)(3) states that a person applying for a nonimmigrant visa may apply for a waiver of various grounds of inadmissibility and be admitted “temporarily despite his inadmissibility.” The nonimmigrant waiver is incredibly generous and can waive most grounds of inadmissibility, including: ● ● ● ● ● ● ● ● ●
78
ILT Magazine
Issue No . 3
Fraud and/or misrepresentation (even if no qualifying relative); 3-year, 10-year, and permanent bars for unlawful presence (even if no qualifying relative); Prior order of removal expedited removal;
or
False claim to U.S. citizenship; CIMTs, aggravated felonies, drug convictions and other criminal grounds; Prostitution; Smuggling; Health related bars; And more.