What is the INA 212(d)(3) waiver, and under what circumstances can it be granted?

The INA 212(d)(3) waiver is a provision of the Immigration and Nationality Act that allows individuals who are otherwise inadmissible to the United States to be granted temporary permission to enter or remain in the country for a specific purpose. This waiver can be sought for various reasons, such as prior immigration violations, criminal convictions, or health-related issues. To qualify for an INA 212(d)(3) waiver, applicants must demonstrate that their entry into the U.S. would not pose a threat to national security or public safety and that there are compelling reasons for granting the waiver. These reasons may include family reunification, humanitarian concerns, or significant public benefit. Additionally, applicants must show that they deserve a favorable exercise of discretion, often by providing evidence of rehabilitation or extenuating circumstances. While the INA 212(d)(3) waiver provides a potential avenue for overcoming inadmissibility, obtaining approval can be challenging, and applicants are advised to seek guidance from an experienced immigration attorney.

For more information on the INA 212(d)(3) waiver and its application process, visit this link.

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