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Humanitarian Waiver For Non-Immigrant Visa Applicants

humanitarian_waiverToday, there are many successful people all around the world who may want to visit the United States but could not because of a past mistake made in their attempt to visit the United States. Some of them misrepresented facts to the Consular Officer while some attempted entry with forged visas and were sent back. 

The Law Office of Joseph Famuyide wants to inform the general public that there is a waiver provision in the law of the United States for this immigration law infraction. Once the violation is waived, such a non-immigrant will be able to obtain visa to visit the United States again.

 

Please note that a non-immigrant is different from an immigrant. A non-immigrant is a foreign national who applied for visa to visit the United States on a temporary basis whether for pleasure, business or temporary assignment. An immigrant on the other hand is the an individual who applied for immigrant visa based on approved petition filed by his family member, employer or himself based special circumstances.

The types of waivers that are available to immigrants are different from that of non-immigrants. This article is about non-immigrants seeking to enter the United States on a temporary basis.

Pursuant to case law and the provisions of the U.S. Foreign Affairs Manual, the U.S. government will consider and grant waiver of immigration law infractions to non-immigrant seeking to enter the U.S. on a temporary basis if such an immigrant meets certain requirements.

 

The Board of Immigration Appeals in the precedent decision; Matter of Hranka, Interim Decision #2644, (Ex 4) set the criteria for granting non-immigrant visa waiver. The U.S. Foreign Affairs Manual adopted the standard. The requirements are;

 

1. Rehabilitation

2. The recency and seriousness of the activity

3. The reason for the proposed travel to the U.S.

4. The positive and negative effect, if any, of the planned trip on U.S. public interest.

t is pertinent to point our from the onset that requirements for a non-immigrant visa waiver are more relaxed compared to when an applicant for immigrant visa is applying for waiver.

The U.S. Foreign Affairs Manual gives the following instructions among other in the assessment of whether or not to recommend that waiver be granted. According to the FAM, “The consular officer may recommend an INA 212(d)(3)(A) waiver for any non-immigrant whose case meets the criteria of N2 FAM 40.301 and whose presence would not be harmful to U.S. interests. Eligibility for a waiver is not conditioned on having some qualifying family relationship, or 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 is essential, you may recommend waivers for any legitimate purpose such a family visits, medical treatment (whether or not available abroad), business conferences, tourism, etc” 9 FAM 40.301 Notes Page 3 of 8 UNCLASSIFIED (U)

In the precedent case, Matter of Hranka, the applicant was charged with committing prostitution and was deported in 1975. He applied for waiver to enter the U.S. as a non-immigrant visitor less than 3years thereafter; the Board of Immigration Appeals held that “there is no requirement that the applicant’s reasons for wishing to enter the United States must be compelling”. The court further held that “the applicant’s previous deportation for having engaged in prostitution in April 1975 was outweighed by the fact that she has no other criminal or immigration law violations, she has demonstrated that she is rehabilitated, …”

While it is necessary to allow the passage of time between the immigration violation and the application for waiver, there is not specific number of years required. Many dynamics will come to play in satisfying the consular officer to recommend for waiver. Marriage, stable employment, involvement in the society, education and charitable activities to name a few will be considered in the review of such a case at the U.S. Embassy abroad.

 

Attorney Joseph Famuyide will help you apply for this humanitarian waiver if you have any previous immigration violations such as using fake passport, lying to the consular officer, misrepresentation of any kind in your previous attempt to enter the United States.

 

All the readers of the U.S. Immigration News with relatives abroad should inform them about this opportunity.  This ground of inadmissibility can be waived. You do not need to have any qualifying relative to apply for this waiver.

 

This article is for your information only. It is not a representation of any future outcome. If you need an immigration attorney, please feel free to contact Attorney Famuyide immediately at 718-647-6767 or send email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

 

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Email: jfamuyide@aol.com