The consulate may impose a ground of inadmissibility for both immigrant and nonimmigrant visas. Criminal history, illness, and previous visa fraud or misrepresentation may trigger a ground of inadmissibility and result in a denial of the visa application. The immigrant visa extreme hardship waivers are discussed in another section. Nonimmigrant waivers of inadmissibility are available under Section 212(d)(3).
These waivers are often called Hranka waivers because of a decision from the Board of Immigration Appeals (BIA) in Matter of Hranka, 16 I & N Dec. 491, 492 (BIA 1978) Three factors form the foundation of a decision in a Hranka waiver case:
- Risk of harm to society if the applicant is admitted into the U.S.;
- Seriousness of the applicant’s prior criminal history and/or immigration violations; and
- The applicant’s reasons for wanting to enter the U.S.
Viles Law Firm prepares a thorough petition package demonstrating your eligibility both for a nonimmigrant visa and reasons why you qualify for the Hranka waiver. The Admissibility Review Office (ARO) adjudicates these waivers. You will need to submit the package either at the appropriate U.S. consulate or at the Customs and Border Protection (CHP) office nearest to you.
The ARO will issue either an approval or a denial. A denial in the U.S. may lead to the referral of your case to the Executive Office for Immigration Review (EOIR) for removal proceedings. You can renew your waiver request before an Immigration Judge (IJ). If the Immigration Judge denies your request, you can appeal to the Board of Immigration Appeals.
Applying at the consulate is trickier. First, the consular officer must determine whether you are eligible for the nonimmigrant visa category under which you are seeking to enter the U.S. Viles Law Firm will prepare a nonimmigrant visa petition package for you. If the consular officer determines that you are not eligible for the particular visa category, the officer will take no action on your waiver case. If the consular officer agrees that you are eligible for the requested visa category, the consular officer will then determine the reason for your inadmissibility. Viles Law Firm will then prepare the Hranka waiver application according to 212(d)(3). The consular officer then makes a recommendation to the Admissibility Review Office about whether the consular officer wishes to see an approval or denial.
If the consular officer wants to deny the Hranka waiver application, you can either accept the denial or request that the consular officer forward the waiver to the ARO with a request for an advisory opinion. Denials are specific to each application. You can reapply at a future time. However, when you reapply after a denial, you will need to understand the reasons for the denial so that you can try to overcome the grounds of rejection.