- Determining whether the applicant needs a waiver.
- What grounds apply to you for waiver?
- What are the requirements for a waiver of unlawful presence?
- How many types of waivers are available?
- If waiver is granted, Can I get a Green Card?
We have secured immigration Provisional Waiver for husbands and wives who come from nations around the globe such as Brazil, Canada, Colombia, China, Ecuador, Mexico, Thailand, the United Kingdom, India, Pakistan South Korea, and Australia. We've clients who reside in states through the US.
United States immigration law is federal, F4 India is legally authorized to represent clients who reside in states throughout the United States as well as around the world.
F4 India keeps a near-perfect success rate on spouse and fiancé visa applications filed on behalf of their customers.
Our team personally deal with every important detail of your legal representation. Please do realize however that past results don't constitute a guarantee, warranty, or prediction about the result of your legal matter.
We utilize the most recent in protected technology to efficiently represent our customers regardless of where they may reside. F4 India responds to telephone calls and e-mails throughout the afternoon (and evening) and may take part in video conferences via Skype so that questions can be answered in face-to-face meetings no matter where you're located.
All our customers receive personalized attention consisting of the following providers:
Unlimited consultations with a responsive immigration lawyer
You'll always have access to me personally via phone and email. This helps to ensure that you get all your questions answered to complete satisfaction from the moment your case is started till your fiancé visa is secured.
Digital access to all your immigration documents
Every document you give to me along with USCIS correspondence and receipts are scanned and stored with our law firm as part of your case file. This has proven valuable for our customers located during the world who need access to critical documents before embassy interviews, USCIS appointments, along with other significant events.
Expert advisor preparation of your USCIS petition and Consular forms
F4 India team prepare and review your petition and test it. Our team works hard to ensure that EVERYTHING is done right the very first time so that you prevent unnecessary delays and USCIS denials. Our core team also assists you to gather all necessary supporting documents, complete all USCIS forms, and submit everything in the most expeditious manner possible.
Constant monitoring and advocacy on your behalf
Teamwork doesn't end with the submission of your petition. We keep tabs on your case as it is being processed, keeping you up to date on its status as well as telling you of any relevant changes in immigration laws and procedures. The vast majority of our customers experience no undue delays or issues with their cases.
Preparation of the I-601A waiver
We personally prepare and review your I-601A Provisional Waiver application and undergo several revisions to make it as strong and persuasive as possible. Our expert team writes a personalized hardship” invoice mentioning case law tailored to your situation to increase the probability of approval of your waiver application. F4 India helps you gather all supporting documents and might refer you to clinical psychologists who have in-depth experience conducting psychological examinations to demonstrate extreme hardship (separate fee applies to the psychological assessment).
Upon request, we can monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status. we inform you when additional filings or actions must be taken and handle everything in the same professional and expeditious manner as before.
212(d)(3) General Waiver for Non-Immigrants
Introduction to the 212(d)(3) Waiver for Non-immigrants
Non-immigrants are overseas nationals who are seeking to enter the U.S. on a provisional basis. They are different from immigrants who aim to live in the U.S. on a permanent basis.
The Immigration and Nationality Act Section § 212(d)(3) waives nearly all grounds of inadmissibility for non-immigrants counting health, criminal, prostitution, smuggling, and unlawful presence. Some grounds of inadmissibility that are not waived are certain security-related grounds related to espionage, sabotage, genocide, and Nazi Persecution.
Legal Demands of the § 212(d)(3) Waiver
§ 212(d)(3) non-immigrant waivers (also referred to as 212(d)(3)(A) waivers) are adjudicated by the Admissibility Review Office located in Washington D.C. The 3 standards for granting a waiver under § 212(d)(3) Matter of Hranka.
1. The danger of damage in admitting the applicant
2. The significance of the acts that cause the inadmissibility
3. The significance of the offender’s reason behind seeking entry.
Both Dept. of State rules and the Foreign Affairs Manual offer that:
“although the exercise of discretion and good judgment is essential, usually, consular officers may recommend waivers for any valid purpose like family visits, medical care (whether or not available abroad), conferences related to business, tourism, etc.” 22 CFR 40.301; 9 Foreign Affairs Manual 40.301 N3 § 212(d)(3) non-immigrant waivers are filed either in the U.S. consulate with the jurisdiction of your place of residence or in a U.S. port of entry. Non-immigrant waivers pursuant to INA § 212(d)(3) might only be issued for a maximum period of five years at a time. They're usually issued for six months or one-year periods.
Filing waivers in U.S. Consulates Abroad
The consular officer will generally examine your visa application, make the first finding of inadmissibility, and ask you to come back with the waiver application and supporting documents. Some consulates will accept the waiver application on the afternoon of the interview. There's no filing fee to submit an application for a § 212(d)(3) non-immigrant waiver in the US consulate.
As part of this procedure, the consular officer will first check to ensure that the following conditions are met:
- The aspirant is not inadmissible under INA 214(b) (i.e. doesn't have immigrant intention)
- The claimant 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) (as this covers all security-related grounds of inadmissibility)
- The aspirant is not seeking a waiver of the non-immigrant documentary necessities 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 non-immigrant visa she or he is seeking.
Your waiver application will be examined by the consular officer, and a recommendation for issuance of the waiver will be made after that submits it to the Admissibility Review Office based in Washington D.C. for the last decision.
Filing waivers in a U.S. Port of Entry
A filing in the U.S. Port of entry is most relevant for visa-exempt nationals like Canadians and requires access to the Form I-192. The standards where the I-192 waiver for Canadians) is judged is just like memorandum discussing the merits of your non-immigrant waiver application in light of the legal the ones set forth in Matter of Hranka described previously. Additionally, to a memorandum discussing the merits of your non-immigrant waiver application in light of the legal standards like myself is representing you on the I-192 waiver application includes the following:
- Proof of your citizenship.
- Form I-192 signed and filed by you. Like myself is representing you on the I-192 waiver application an attorney like myself is representing you on the I-192 waiver application.
- U.S. Fingerprint card FD-258. This fingerprint card is going to be finished by a U.S. CBP Officer during the court system; you should also get a copy of the official court.
- A Form G-325A signed and finished by you. In case you have a court system, you should also get a copy of the official court nation's reason why a copy of the document the reason why a copy of the crime.
If such a record isn't available, you need to get the reason why a copy of the saying the reason why a copy of the document isn't available.
Records should be dated and endorsed by the RCMP within 15 months of entry with your Form records should be dated and endorsed by the RCMP within 15 months of entry with your Form C216C. The Civil Merchandise and any for directions, addresses, and payment I-192. For instructions, addresses, and payment info, please visit www.greencardpetitions.com. If you're inadmissible to the US due to being contemplated and you believe very to be contemplated and you believe every to be contemplated and you believe. Additionally, the I-192 waiver ought to be accompanied by proof to be contemplated and you believe like counseling or rehabilitation applications are done, present employment, marital status, community support, etc., or any other info you would like to be considered and you believe fortifies your petition. If you're if they are allowed to enter the United States Associated grounds identified from the INA, e.g.associated with rehabilitative history, the statement from the applicant making need to give proof of treatment/rehabilitation. Such signs shall include, but can if they are allowed to enter the United States current drug test, reliable, verifiable proof been found to be inadmissible under the section evident his/her commitment to abstain from utilizing controlled substances from the USA, credible, verifiable proof outlining subject's application for substitution therapy/treatment and/or continued care relative to his/her medication use/addiction if they are allowed to enter the United States. In case you've been found to be inadmissible under section 212 of the INA the following comprehensive information ought to be filed regarding.
- Present employment.
- Past U.S. Employment.
- Members of the family presently residing in the United States.
- Past and the current USA and/or overseas business investments.
- All ties you've to your present foreign country/residence.
Preparation of the 212-non-immigrant waiver
Our Team Head personally prepares and examines your 212 non-immigrant waiver application and then undergoes a few changes to make it as strong and persuasive as possible. Our Advisor draft a personalized waiver statement citing case law tailored to your situation to increase the likelihood of approval of the waiver application. Our Team Head notify you of the supporting documents needed to maximize your probability of getting the waiver accepted. Normally, this consists of affidavits from those who know you personally and may attest to your good moral character and reputation in the community, numerous reasons to want to visit the US, signs of reform and rehabilitation like therapy, employment, education, community participation, and counseling or treatment, as well as your prior immigration and/or criminal records.
Constant monitoring and advocacy on your behalf
Our Teamwork doesn't end with the submission of your petition. We keep tabs on your case as it's being processed, keeping you up to date on its standing as well as telling you of any applicable changes in immigration laws and processes. The vast majority of my clients encounter no delays or difficulties with their cases. Prep for the interview we personally prepare you for a consular interview. Team Head supply a record of all of the documents you collect and ought to take to the interview and also discuss the kinds of questions that are most likely to be asked. Many have discovered this prep session invaluable in easing their fears and feeling confident going in their appointment.
Continued immigration support upon ask, Our team leader can monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status. We try to notify you when additional filings or actions have to be taken and manage everything in the same professional and expeditious fashion as before.
If You still have some questions like below, you can contact us firstname.lastname@example.org