Immigration Law Wiki
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Basic Information
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Immigration Court
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Guides
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Asylum
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USCIS
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- How To Write A Cover Letter To USCIS
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Reference
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Criminal Consequences
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Immigrant Visas
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Visa Waivers
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Conditional Residency
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Other
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Adjustment of Status
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Parole
212 d 3 Waiver
An INA 212(d)(3) waiver is required when a noncitizen is seeking to obtain a nonimmigrant visa and they are inadmissible under INA 212(a)(3).
Note: In the case of T nonimmigrant status, there is an INA 212(d)(13) waiver available, which was specifically created for T nonimmigrant applicants. More info on 212(d)(13) waivers for T nonimmigrants in the USCIS Policy Manual here.
Factors Considered For 212(d)(3) Waiver
The INA 212(d)(3) waiver analysis is a purely discretionary determination, and the analysis involves balancing social and humanitarian considerations against adverse factors.
In addition to considering a broad range of discretionary factors, USCIS will also consider the following factors, as specifically outlined by the Board of Immigration Appeals, in determining whether to approve or deny a section INA 212(d)(3) waiver:
- 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 reasons for wishing to enter the United States.
In addition to these factors, officers should take into account as a positive factor that the applicant has suffered a severe form of human trafficking in persons and has complied with any reasonable law enforcement requests for assistance.