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212(d)(3) Waivers of Criminal Convictions


SHORSTEIN, LASNETSKI, & GIHON
helps people obtain waivers for criminal convictions.

Many, but not all, criminal convictions will render a person inadmissible to the United States.  This means that if you have a criminal conviction, you could be denied admission to the United States, because of that criminal conviction.  For example, you could be denied a visitor visa or other temporary visa or you could be denied admission at the border.  The CBP (Customs and Border Protection) will turn the person away and tell them to apply for a waiver.  Shorstein, Lasnetski, & Gihon helps people obtain these waivers.

212(d)(3) WAIVER

Immigration law provides for a waiver that a person can obtain that will still allow them to enter the United States temporarily, despite a criminal conviction that makes them inadmissible.  That waiver is provided under Immigration and Nationality Act provision 212(d)(3).  If your waiver is approved, you will not be denied admission to the U.S. because of the criminal conviction for a period of 5 years. 

HOW TO OBTAIN A WAIVER

How you obtain a waiver depends on several factors including whether you are inside the U.S., whether you applying for a T visa, a U visa, or another temporary visa, whether you are inside or outside the U.S. and what country you are from.  For example, Canadian citizens and others can file a Form I-192 with filing fee and documentary evidence at a port of entry or preclearance office.  In some cases, the waiver, not filed on the I-192, is filed with the U.S. consulate abroad and in some cases, it is filed with USCIS (on form I-192).  

Waivers are forwarded and adjudicated at the Admissibility Review Office (ARO).  

WHAT FACTORS WILL CONSIDERED IN DECIDING ON A WAIVER?

The ARO will look at the factors set out by the landmark Board of Immigration Appeals (BIA) in Matter of Hranka.  The three factors are:
  1. The risk of harm to society if the applicant is admitted;
  2. The seriousness of the applicant's prior immigration law, or criminal law violations, if any; and 
  3. The nature of the applicant's reasons for wishing to enter the United States. 
WHAT HAPPENS IF WAIVER IS APPROVED/DENIED?

If the waiver is approved, you will not be denied admission because of the criminal conviction.  The approval is valid for 5 years.  If the waiver is denied, you can appeal to the Board of Immigration Appeals. 

Shorstein, Lasnetski, & Gihon can help you obtain a waiver of a criminal conviction.  We draft a comprehensive legal memorandum, fill out the I-192, work with you in collecting the appropriate evidence that will increase the probability of approval, follow up with the ARO, and more.  No matter where you live, we can help you with your 212(d)(3) waiver.  
Shorstein, Lasnetski, & Gihon

904-642-3332 (Jacksonville)

or 

407-228-2019 (Orlando).


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