111234 Directive Waiver indd 2025

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Yes, with certain conditions, someone convicted of an aggravated felony can apply for a stand-alone 212h waiver. Aggravated felonies consisting of theft, fraud, counterfeiting, or other white-collar crimes are the most typical ones in which a stand-alone 212h waiver is granted.
212 (d)(3) procedure in the U.S. Consulates Abroad Filing for the waiver in the U.S. Consulate is a more common way of filing because it concerns most countries worldwide. There is no fee for this one, though some other costs may apply (biometrics, if fingerprints are needed).
Some applicants can file a 212(d)(3) waiver request with U.S. Customs and Border Protection at a border crossing, airport or other U.S. port of entry or a CBP pre-clearance office.
A U visa applicant can apply for a waiver of all grounds of inadmissibility except for those who are Nazis or perpetrators of genocide, torture, or extrajudicial killing. 2 The standard for the waiver is that it is in the national or public interest: to grant it.
Waiver of inadmissibility (United States) 2.1 Unlawful Presence (3/10 Year Bar) 2.2 Criminal Grounds. 2.3 Immigration Fraud or Misrepresentation. 2.4 Health Related Grounds of Inadmissibility. 2.5 Immigrant Membership in a Totalitarian Party. 2.6 Alien Smuggling.
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Section 212(a) contains ten general categories of inadmissibility grounds: health-related grounds; criminal and related grounds; security and related grounds; public charge proscription; labor certification requirements and qualifications for certain immigrants; illegal entrants and immigration violators proscription;
The success rate of a 601A waiver is relatively high, typically ranging between 70% and 80%. However, success depends on several factors, including how well you can demonstrate extreme hardship for your qualifying relative, the accuracy of your application, and whether you have any other grounds for inadmissibility.

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