212(d)(3) Waiver: An Overview for Non-Immigrants
Have you been denied a visa for past mistakes or old immigration issues, yet you only want to visit or work in the U.S. for a short time?
A 212(d)(3) waiver could be the door back in. At Wogwu Law, PLLC, I support immigrants across the country with care and clarity, and my team’s mix of legal knowledge and lived immigration stories shapes how we help.
I built this guide to explain what a 212(d)(3) waiver is, who can qualify, and how the process works. My goal is simple: give you a clear path you can follow, step by step.
What is a 212(d)(3) Waiver?
Section 212(d)(3) of the Immigration and Nationality Act lets the government forgive many inadmissibility problems for people who want to enter the U.S. temporarily. This includes travelers and workers seeking B-1 or B-2 visitor visas, F-1 student visas, or H-1B worker visas. It is a discretionary benefit, not a right.
This waiver does not apply to those seeking a Green Card or U.S. citizenship. It is focused on nonimmigrant travel only.
The waiver can cover a wide range of issues such as prior immigration violations, certain criminal convictions, and health-related grounds. A few grounds are off limits, including espionage, sabotage, genocide, or involvement in Nazi persecution.
Grounds of Inadmissibility That Can Be Waived
The waiver can resolve almost all grounds listed in INA 212(a) for purposes of temporary admission. People with past removal orders or who tried to enter unlawfully might still qualify for a short visit with an approved waiver.
Unlike many immigrant visa waivers, a 212(d)(3) request can be pursued at any time. This flexibility helps travelers plan around school, work, or family needs.
- Criminal offenses, including crimes involving moral turpitude and some aggravated felonies.
- Fraud or misrepresentation on prior applications.
- Unlawful presence and other immigration violations.
One more note: this waiver does not fix a denial under INA 214(b) related to weak ties or intent. That is a different problem that must be addressed on its own.
Who Qualifies for a 212(d)(3) Waiver?
These waivers are discretionary. In other words, the government balances positives and negatives, then decides whether to allow temporary entry.
The Board of Immigration Appeals sets out factors that officers use when reviewing requests, such as strong, current reasons for travel help, but you do not need to show extreme hardship or rare circumstances.
Considerations for Waiver Approval
- The risk of harm to society if you are admitted.
- The seriousness and recency of any criminal or immigration law violations.
- Your reasons for asking to enter the U.S., such as tourism, family visits, business, medical treatment, or study.
- Legitimate travel purposes are enough, you do not need to prove compelling reasons.
More serious or recent issues make approval harder, so strong proof of rehabilitation helps. Recent guidance also notes that people with degrees from U.S. schools, who seek to work for a U.S. employer in a related field, can be treated as a positive for the public interest, including potential expedited handling.
How to Obtain a 212(d)(3) Waiver
You can request a 212(d)(3) waiver through two paths: by applying with a U.S. consulate during a visa process, or by filing at a U.S. port of entry or CBP preclearance if you are visa-exempt or from a Visa Waiver Program country.
Filing Locations
Applicants have two main options, depending on their situation and travel documents.
- The U.S. consulate in the country where you live.
- A U.S. port of entry or CBP preclearance office for visa-exempt travelers and citizens of Visa Waiver Program countries.
Choosing the right location depends on your nationality, whether you need a visa, and timing concerns. The table below gives a quick side-by-side view.
| Feature | U.S. Consulate | U.S. Port of Entry or Preclearance |
| Who uses it | Travelers who need a visa | Visa-exempt travelers or Visa Waiver Program citizens |
| Form required | No separate form in most cases, waiver is requested through the visa case | Form I-192 |
| Government fee | No waiver fee at the consulate, biometrics fees can apply | $585 filing fee for Form I-192, biometrics or records costs extra |
| Decision maker | Consular officer recommends, CBP Admissibility Review Office makes final call | CBP Admissibility Review Office |
| Typical timing | Commonly 90 to 180 days | About 90 to 180 days |
Filing at a U.S. Consulate
Most people who need a nonimmigrant visa will ask for the waiver during the consular process. There is usually no fee to request the waiver through the consulate, though you can still face biometrics costs.
The process starts with a visa application and interview. If the officer finds you inadmissible, the officer can invite or you can request a 212(d)(3) review, either at the same time or later, depending on local practice.
If the officer supports the waiver, the case goes to CBP’s Admissibility Review Office for a final decision. Even with an approved waiver, a visa can be refused if you do not qualify under the visa rules.
Some posts accept robust, well-organized packets that explain your history and current purpose. Clear records help reduce back and forth.
Filing at a U.S. Port of Entry
Visa-exempt travelers and citizens of Visa Waiver Program countries can ask CBP for a 212(d)(3) waiver at a port of entry or preclearance office. This route requires Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
The filing fee for Form I-192 with CBP is $585. Plan for extra costs tied to fingerprints and official records.
Typical documents include the items below. Bring clean, legible copies and originals if possible.
- Completed Form I-192 with original signature.
- Proof of citizenship, such as a passport bio page.
- Fingerprints on an FD-258 U.S. fingerprint card.
- Completed Form G-325A, Biographic Information, with original signature.
- Official court records for any convictions, including plea and disposition, if applicable.
CBP sends the case to the Admissibility Review Office. Travel should not be booked until a decision is issued.
Additional Considerations
Strong evidence can make a big difference. Present your history honestly, then show what has changed and why the trip makes sense now.
Applicants with Criminal Convictions
If you are inadmissible because of a criminal issue, include a detailed statement describing each arrest, conviction, and the sentence or fine. If the conviction happened outside the U.S., provide an official court record with the plea and final result.
Canadian citizens need an RCMP criminal record check with fingerprints. Helpful rehabilitation proof can include treatment certificates, steady work, stable family life, community involvement, and letters from employers or mentors.
Well-organized exhibits help officers quickly see progress and current stability. Keep it short, clear, and truthful.
Applicants with Health-Related Inadmissibility
For health grounds tied to drug use or similar issues, include recent clean drug tests and proof of completing counseling. A written promise to avoid controlled substances while in the U.S. is also useful.
Ongoing treatment or support group records can add weight. Show that the risk has been addressed.
Applicants Inadmissible Due to Unlawful Presence
Provide a clear picture of your life abroad and your ties at home. Officers often look at current foreign employment, prior U.S. work history, family members in the U.S., any investments, and ties to your home country.
People with prior removal orders also need separate consent to reapply for admission, commonly called an I-212. This step is different from a 212(d)(3) request.
How Long Does It Take to Get a Waiver?
For consular filings, expect at least 30 days, with 90 to 180 days more common. Processing speed shifts with the Admissibility Review Office’s workload and how complex your case is.
For port-of-entry filings, plan for 90 to 120 days at a minimum. Many cases land closer to 180 days.
These are rough timelines. Some cases move faster, others take longer.
Contact Wogwu Law, PLLC, for Assistance
If you are wondering whether a 212(d)(3) waiver fits your situation, I am ready to help. I care about practical results and work hard to present strong, honest cases that reflect who you are today.
Questions are welcome. Call 210-361-3620 or reach us through my website. I am proud to help families and workers across Texas and nationwide.
If your plans depend on a temporary visit or work assignment, let’s talk through the waiver, timing, and documents you will need. I welcome your questions and am happy to review your case and map out next steps that fit your goals.