Hi,

Has anyone filed a 212(d)(3) waiver request while applying for a nonimmigrant visa at a US consulate? What does this involve and what forms (if any) need to be filled out? The impression that I am getting is that you must simply request during the visa interview to take this route due to ineligibility. Overstay in my case, no criminal convictions or anything like that.

Thanks for your help!

John B

[Your lack of info will make it hard for someone to help you on views and ideas, can you break your situation done a bit, how long overstayand what type of visa you going for right now etc etc... good luck

Ok here is some morew info. I was on an F-1 visa, I completed 2 and half years then missed a year then returned for another year. To classes that is. I left in Dec 06 tried to return in Jan, had my application for admission withdrawn. Now that I am ineligible I know that I need to apply for another F-1 visa and concurently file for 212(d)(3) waiver of inadmissibility. I have one year left to complete my degree. I have no criminal convictions anywhere. I just want advice. I know that I broke my status by missing a year of school but I did not work and then I did complete a year more of school so that must show that I am serious about finishing my degree. Any tips on what to bring to the consulate to make a good 212(d)(3) case?

Thanks

John B

Left in Dec 05

Not sure if you need a waiver, were you deported or refused admission. Have you spoken to your Schools International adviser? Is it a new I-20 you also need? I can not imagine you are the first.

Sorry, but there seems to be some confusion here. I left in Dec 06. I missed school from Jan 05- Dec 05 and then reattended in Jan 06- Dec 07. I was refused admission to the US in Atlanta on Jan 3rd 2007 but I wasn't deported I had my application for admission 'voluntaraly' withdrawn.

John B

Hi

All I really need is for someone to inform me of the process as to obtaning a 212(d)(3) waiver at the US embassy in London. Is it really as simple as asking for it during the interview?

John B

The procedure for filing a 212(d)(3) waiver application is set out in 8 C.F.R. 212.4. The regulations provide two different procedures: for filing under Section 212(d)(3)(A)(for those nationalities requiring a visa) and under Section 212(d)(3)B (for certain visa exempt applicants).

According to the statute, the waiver involves a discretionary decision to be made by the Attorney General. The Attorney General has delegated this decision making power to the Department of Homeland Security, U.S. Citizenship and Immigration Services .Therefore, although the person seeking the nonimmigrant visa will often apply to the U.S. Consulate office closest to where they reside, the application will in most cases be forwarded to USCIS.

Perhaps you should start by contacting the London embassy and asking them how they handle these waivers.