Hi, this is Jacob Sapochnick and I'm an immigration attorney in San Diego, California. In this
video, I wanted to talk about non-immigrant visa waiver. Usually, most people are aware
of the immigrant visa waivers, but what happens if you are not eligible for a non-immigrant
visa. For example, a tourist visa or a work visa because of a previous violation that
you had in the United States, for example, an overstay, a criminal offense a misrepresentation,
all these offenses will make you ineligible for non-immigrant visa and the only way for
you to be able to apply for that visa is if you obtain a non-immigrant visa, which is
also called a 212 d3 waiver. What this waiver does, it waves the bar or the problem that
you have with your non-immigrant visa and they will allow you to come to the US for
whatever duration the consular officer would decide to give you and you'll be able to come
to the US before the period of your bar is over. For some people, for example, about
five years or 10 years for whatever reason. But applying for the waiver, if approved will
allow you to come back to the US sooner. But what is the 212 d3 does? The waiver is based
on a few factors. One of the factors is that you have to show that are you no longer a
threat to the United States. So for example, if you were convicted of a crime before and
that's the reason why you are not eligible for a visa, we have to show that now, you
are a person of good moral character that you're no longer involved in any activity,
that you are rehabilitated, that you're doing positive things, all these evidence we have
to put in that waiver. The other thing that we have to show is that you will have an intention
to leave the US at the expiration of your visa. Just like we have to show with the actual
non-immigrant visa, we also have to prove that in the waiver. Now, the non-immigrant
waivers are tough to obtain because the burden of proof is very high and so most people find
it very challenging to deal with the waiver and they have to speak with an experienced
attorney. The waiver is typically submitted at a time you apply for your non-immigrant
visa. So if you apply for a tourist visa or for a work visa, you should have your non-immigrant
waiver already prepared. You have to demonstrate first of all that you are eligible for the
visa that you're applying for. That's one thing. Once you demonstrate that you're eligible
for the visa, at that point the waiver will be considered by their consulate officer and
they will take it and adjudicate it. It may take several months and you will get a decision
from the consulate. But the way the waiver is submitted is at the time you apply for
the non-immigrant visa. Many clients that we get are always asking us, I've been denied
many times for my tourist visa and we always have to find out what is the reason that they've
been denied. If it's just a reason because they couldn't prove the eligibility, then
the waiver is not going to help. If it's a reason because they had a criminal offense
or misrepresentation or something that requires a waiver at the same time they are eligible
for the visa, aside from the waiver, that's when we submit and prepare the waiver. It's
very important to understand the requirements for the waiver and if you need one. Once you
know that you are eligible for the waiver and the consulate requested it, that's when
you go ahead and prepare it, work with an attorney and submit the waiver. Once again,
non-immigrant waivers are quite difficult to obtain but they are possible and in many
cases, this is the only way for somebody to obtain the benefit of the non-immigrant visa
once again. So, we strongly advise you to consult an attorney before applying for the
waiver, understanding if you're eligible and if so, it's a great way to get your non-immigrant
visa back. If you have any questions, feel free to email us, make sure to follow us on
Facebook and subscribe to our YouTube channel.