Providing Immigration Support Services for Attorneys for Over a Decade
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Non-Immigrant Waivers
Whether due to failing to overcome the presumption of immigrant intent at port-of-entry, or because of a prior visa overstay, illegal entry, or committing a CIMT*, Foreign aliens seeking to enter the United States on a non-immigrant visa, face a daunting task.
This is because, in addition to having to convince a consular officer that the alien is not seeking to immigrate illegally to the United States, the alien also has to seek a waiver of inadmissibility pursuant to INA § 212(d)(3).
Although federal court precedent suggests that the bar to overcoming prior grounds of inadmissibility should not be especially difficult, consular officers reviewing such applications frequently deny such waiver applications, often without explanation of how they applied the relevant criteria for granting a waiver.
Nevertheless, about 70% of the INA § 212(d)(3) waivers that VISS has written have resulted in the waiver being granted and the desired visa being issued [of the 30% of cases where the waiver and visa were denied, about half are denied because of the immigrants continued inability to overcome a presumption of immigrant intent).
Vanguard Immigration Support Services has extensive experience preparing INA § 212(d)(3) waivers for otherwise inadmissible foreign nationals seeking to enter the United States on a non-immigrant visa to visit family, or for business or education purposes.
Our waivers address not only the legal factors the U.S. Consulate is required to consider, but also provide documentation and explanation of the applicant's strong ties to their home country, in order to overcome the presumption of immigrant intent.
Given our extensive experience in this area, we can produce a waiver packet quickly and efficiently, a feature of our service critical to foreign nationals facing an imminent need to re-enter the United States.
The Bureau of Immigration Appeals (BIA) issued its decision in Matter of Hranka, 16 I&N Dec. 491 (BIA) in 1978, and identified three factors the Department of State must consider when deciding whether to approve a non-immigrant waiver application.
Known as the HRANKA Factors, consular officers must consider:
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The risk of harm in admitting the applicant;
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The seriousness of the acts that caused the inadmissibility; and
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The Importance of the applicant's reason for seeking entry.
The Department of State Foreign Affairs Manual has incorporated those factors into its policy manual which now details five factors consular officers must consider, including:
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The recency and seriousness of the activity or condition causing the alien's inadmissibility;
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The reasons for the proposed travel to the United States;
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The positive or negative effect, if any, of the planned travel on U.S> public interests;
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Whether there is a single, isolated incident or a pattern of misconduct; and
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Evidence of reformation or rehabilitation. [9 FAM 305.4-3(C)(c)].
Vanguard Immigration Support Service Clients
Trusted by Immigration Attorneys Across the Country
Vanguard Immigration Support Services is a paralegal services company.
We are not attorneys and do not provide professional services or legal representation to individuals.
We provide services exclusively to attorneys. If you require legal representation for an immigration-related matter, please contact your local State or County Bar Association.