If you are applying for a nonimmigrant visa – such as a B1/B2 tourist visa or various types of work visas at the US consulate in your country, you may still require a waiver in order to obtain your visa.
There is a waiver under INA 212(d)(3), that is commonly known as the Hranka waiver, which allows you to be admitted to the United States even if you are “inadmissible” because of a criminal conviction, fraud, or overstaying a previous visa.
To be eligible for a Hranka waiver, immigration authorities look at three factors in deciding whether to grant you this waiver and your visa to enter the United States:
This waiver is quite generous because it forgives most grounds of inadmissibility that would prevent you from obtaining a visa. However, the immigration authorities still have discretion to determine if you deserve such a visa, so you greatly benefit from having legal counsel to help you prepare evidence in order to make a strong application to receive this waiver and not lose your chance to obtain a visa.
The process for applying for this waiver can also be complicated, because you must apply for the waiver at the same time as your application for a nonimmigrant visa at the US consulate in your country. Though Canadians can apply for this waiver at a port of entry by hand-delivering a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant along with supporting documentation.
Note: If you attempted to enter with ESTA, but were refused entry and told to apply for a tourist visa, you may not necessarily need a Hranka waiver depending on why immigration authorities refused to admit you on your visa. We recommend you consult with one of our expert attorneys Suzanne Vazquez and Maud Poudat in order to pursue such a waiver in an informed manner.
If you may need a waiver of inadmissibility, then you should seek help from an experienced board certified attorney who has proven their qualifications to the State Bar in order to have that designation. Call us at (407) 674-6968 during office hours or email us at firstname.lastname@example.org and we will call you right back. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. US Immigration Attorneys Suzanne E. Vazquez and Maud Poudat are Board Certified as experts in Immigration Law by the Florida bar. Based in Orlando, Fl.