212(d)(3) waiver filed with the US Consulate abroad

[Ragazza 0]

Good afternoon!

 

My relative has an issue with B1/B2 visa because he has minor criminal history (punishment was in the form of payment of fine and the issue itself happened 3 years ago).

I heard that there is section 212(d)(3) waiver which might be available for non-immigrant visas.

Does anyone know if there is a special form to use to apply for this waiver? And if yes, can it be applied by anyone or just if recommended by consular officer at your country's US embassy?

 

Thank you very much!

[Boiler 45,907]

No form, if he would otherwise have been given a visa the CO will process the application and send it in for consideration.

[KierenHby 899]

CO will decide on the severity of the criminal history. What embassy is this? 

[Ragazza 0]

Thank you for response, Boiler! I just found this form I-192 on USCIS website and was wondering if it allows to his case since as far as I understood, it is a waiver form for non-immigrant visas?

[Boiler 45,907]

D3 is the right waiver for a non immigrant visa.

[Ragazza 0]

Hello to everyone!

I would really appreciate your comments on the issue below.

My relative filed a 212(d)(3) waiver and supporting documents with the US consulate abroad (to overcome inadmissibility based on criminal conviction). The officer accepted the documents and told him that the documents should be reviewed within the next 2-3 days. However, the case is under administrative review for over 60 days now (since the interview day). We made a request to the embassy to see how everything is going, they just responded that the case is still under review and we need to wait.
Does is mean that they made a waiver recommendation and sent it to ARO in DC? Or not really? Is there a way to know it?
Also, what is the average processing time for such requests? I read somewhere it was 180 days, is that correct? Can it be less, is there a way to expedite this process?
Thank you

[NigeriaorBust 4,087]

 They can take as long as they like with waivers and you can't expedite it. They may be getting more info on the charges or seeing if there is any other criminal history.  What visa was the relative trying to get ?  With the new stance on deporting people with criminal history the waiver may be harder to get .

[Ragazza 0]

It's B1/B2 visa

[milimelo 4,539]

You're waiting on DC to decide and that's what the consular is waiting for. Those types of waivers regularly take 6 months. Be patient. 

[Boiler 45,907]

About 7 months has been the average, waivers can be expedited.

[Ragazza 0]

Thank you all for your responses!

 

Boiler, how can the waivers be expedited?

 

 

[mopan 1]

by saying they filed a 212(d)(3) waiver does that mean there was a form they filed or just a packet of info they provided? trying to figure out how to get my husband a visiting visa waiver.

[mopan 1]

if you could give some info on what they had to provide in the packet that would be great. trying to put one together now, also for a small crime.

[Boiler 45,907]

There is no packet, up to the CO to recommend or not.

[Ragazza 0]

Hello everyone! We recently received good news! 

My relative was granted a 212(d)(3) waiver and was issued a visa. After waiting for 9 months.

Does anyone know if he needs to do anything else? Like to apply for another waiver at Port of Entry? Or can he just go ahead and travel, and existing waiver/visa is sufficient?

Thank you! Would be grateful for your comments!