1. Waivers of Inadmissibility for Nonimmigrants
INA § 212(d)(3)(A)(i) Cons Process &
212(d)(3)(A)(ii) I-192 process

2. NIVs must be admissible 212 (a) – (special rules for U, T, Ks)
NIV waiver has broad coverage
NIV waiver does not waive grounds for later perm. residence

3. Most Common NIV waivers
For crime grounds (CIMTs)
For misrepresentation
For unlawful presence

4. Standards INA §212(d)(3)
All inadmissibility grounds may be overcome except for security/espionage grounds, terrorism grounds, genocide/Nazi persecution
Matter of Hranka, 16 I&N Dec. 491 (BIA 1978)
Dept of State has own guidelines at 9 FAM N3 – advises officers to use discretion broadly

5. HRANKA Factors Risk of harm to applicant
Seriousness of the acts causing inadmissibility
Importance of reason for entry
Applicant was denied by DD because only 2 yrs had passed since deported for prostitution; no compelling humanitarian reason for return
BIA reversed – she was approved for waiver

6. NIV Waiver process
Decisions centralized at CBP’s Admissibility Review Office in Herndon, VA.
Two routes – one through consulate (no form, no fee, transmitted electronically to ARO by DOS)
Other by applicant who does not need visa but needs a waiver (Canadians); submit I-192 with fee at POE to CBP (up to 6 months)

7. NIV Waiver Process
Filing locations for I-192s on CBP web site – sometimes at a pre-clearance operation or at northern border port of entry
ARO can be communicated with at

8. NIV Waiver validity
5 years maximum under 8 CFR 212.4(c ) (3)(iii) but usually granted for 1 year at first, sometimes 2-4 years.

9. True or False?
A nonimmigrant waiver may be granted for any grounds of inadmissibility.
A nonimmigrant waiver will cure the grounds of inadmissibility permanently.
A nonimmigrant waiver requires a form and a fee.
You can always apply at the airport for a nonimmigrant waiver.

10. True or False?
The ARO office took over the nonimmigrant waiver process in 2000.
The ARO is a division of USCIS.
The Department of State has guidelines about generous exercise of discretion for nonimmigrant waivers in the FAM.
Matter of Torres Varela is the key BIA case on nonimmigrant waiver standards.

11. Strategy
Remember to examine whether the grounds of inadmissibility is correctly applied -
Criminal grounds that require a conviction – is there one?
Did misrepresentation amount to a willful misrepresentation of a material fact?