To be issued a visa and enter the United States, a foreign national must generally not be ineligible for admission (also known as “inadmissible”). Even after a foreign national has been determined to be ineligible, it may be possible to apply for a waiver (akin to a pardon). The requirements for a waiver depend on the type of ineligibility. Common requirements for waivers include one or more of the following:
- The applicant has a “qualifying relative”
- That relative would suffer extreme hardship if the applicant were denied the visa
- The applicant deserves the waiver as a matter of discretion
Common ineligibilities and corresponding waivers can be divided into the following categories :
|Security-related grounds covering Communist Party members seeking immigrant visas|
Prior J-1 exchange visitors subject to the two-year foreign residence requirement
|Illegal immigrants and immigration law violators, including fraud or misrepresentation||214(i) waivers for fraud or misrepresentation|
|Persons previously removed or unlawfully present in the U.S.||I-212 permission to reapply after removal; Waivers of the 3- and 10-year unlawful presence bars|
|Prior J-1 exchange visitors subject to the two-year foreign residence requirement||No objection, hardship, and persecution waivers|
In addition, a 212(d)(3) waiver will waive most ineligibilities in connection with an application for a temporary visa.
For more, read about the grounds of inadmissibility and your options after a consular officer denies your visa application.
Schedule a consultation with an immigration lawyer in Beijing, Shenyang, Shanghai, or Los Angeles; or by phone, Skype, WeChat, or FaceTime. Our goal is to become your trusted legal adviser.
"Marketplace," a business show on public radio, has picked up on the security advisory opinion (SAO) story. A reporter in New Delhi met with several H-1B workers who have been stuck abroad for up to 4 months waiting for SAO checks ...Read More
I previously reviewed a September 2008 USCIS report, entitledÂ H-1B Benefit Fraud & Compliance Assessment, finding that small companies are more likely than large companies to violate the rules related to employing workers with H-1B visas. In January 2009, I reported that USCIS had implemented the report's recommendations by closely scrutinizing ...Read More
As I mentioned in yesterday's post, nonimmigrant visa applicants are now waiting for 12-14 weeks for Visas Mantis security advisory opinions (SAOs). This SAO is a security check to ensure that science and technology students and professionals seeking U.S. visas aren't likely to try to illegally export U.S. technologies. These waits are ...Read More
Visas Mantis SAO processing times have risen to 12-14 weeks, causing disruptions in the lives of travelers planning to enter the U.S. on nonimmigrant visas. For example, many students and temporary workers who returned home for vacation during Christmas 2008 are still awaiting their visas to return to school and work ...Read More
Â The U.S. State Department has announced it is searching for Philip Ming Wong, a fugitive who has been indicted for his role in a visa fraud scheme. "Operation Shell Games" Targeted Brokers Who Supplied Chinese Citizens with False Documents and Fraudulent Visa ApplicationsÂ United States Attorney Joseph P. Russoniello ...Read More
According to the U.S. Embassy in Beijing, "[t]he average processing time for [security advisory opinion] clearances has increased to 6-7 weeks." The increased processing time will apparently affect U.S. Consulates worldwide because it is due to a shortage of personnel in Washington, DC ...Read More
The importance of effective Mantis security advisory opinions (SAOs) is highlighted by a recent story by the Associated Press concluding that illegal weapons export continues to be a serious problem for the United States: ...Read More