212 (d) (3) approved - 10 years

[Asgardian 38]

Hi everyone,

I applied for a nonimmigrant waiver in conjunction with a B2 visa application. The waiver was recommended for approval and after 10 months I got the visa. It's great and I am thrilled and super happy with the approval! But, I'd like to know you guys' opinion on one fact of this visa+waiver.

It's a B1/B2, I only asked for a B2, but that is great.

It's valid for 10 years.

I don't know if you guys are aware of the law, but these waivers are only supposed to be valid for up to 5 years. Most nonimmigrant waivers are valid for 1 year only - especially first time applicants like me. The law is clear when it says that waivers cannot be valid for more than 5 years. It also says that the visa needs to be in accordance with the waiver validity. My questions are - and I'm just looking for your opinions on this, hoping there's a similar case:

1. Have you guys ever seen a nonimmigrant waiver valid for 10 years?

2. Do you think that consulate gave me a 'regular' 10-year visa, but my waiver approved by ARO may just be valid for a year?

[Penguin_ie 5,986]

It depends on what the waiver is for- it may be for something that expires within the 5 years, so no waiver would be needed later.

[Boiler 43,434]

You are correct that 1 year would be normal in your situation.

[sony2001 7]

May I ask you what type of ban did you get? and could you please provide me the link to this 212(d)(3) application form,thanks

[Boiler 43,434]

?

There is no application form.

[sony2001 7]

Can you explain a little bit more,how do we apply for this waiver?

[Penguin_ie 5,986]

Can you explain a little bit more,how do we apply for this waiver?

Are you related to the OP or are you asking for yourself? If the later, please start your own topic giving us background of why you need a waiver and what type of visa you are applying for so we can advice you.

[Boiler 43,434]

The CO otherwise willing to grant a visa would recommend one.

[LIFE'SJOURNEY 970]

Please beaware, getting the visa is only one step, now you have to get past CPB.

[Asgardian 38]

It depends on what the waiver is for- it may be for something that expires within the 5 years, so no waiver would be needed later.

Thanks for the reply! Yes, it is for something that expires in 3 years - unlawful presence ban. Great point.

May I ask you what type of ban did you get? and could you please provide me the link to this 212(d)(3) application form,thanks

Unlawful presence ban, 10-years ban. You just apply for the visa you want and along with it you introduce the waiver package, there's no form. There's a lot of info on the web if you look for 212 d 3 nonimmigrant waiver. Look for lawyers websites, they explain really well.

[Asgardian 38]

Please beaware, getting the visa is only one step, now you have to get past CPB.

Yes, you're absolutely right. Any visa is a first step´, no one is guaranteed entrance. Even someone that is going for the first time and has no immigration history can be sent home if there are suspicious activities. I am definetelty concerned because a waiver annotation is something they will take a closer look at. But again, it's a genuine trip and I find it positive that the waiver was approved and hopefully it'll go smoothly with CBP. Thanks for the input.

[Boiler 43,434]

It would be unlikely for the POE to second guess the Consulate. I have never come across it anyway.

[LIFE'SJOURNEY 970]

It would be unlikely for the POE to second guess the Consulate. I have never come across it anyway.

Excuse me, but they do it every day. There are many who arrive upon with a valid visa, but they are turned back.

[sony2001 7]

little bee

thanks,we are in same situation and i was wondering if we can apply for any kind of visa,did you do waiver packet on your own,or you had a lawyer,thank you so much

[Boiler 43,434]

Excuse me, but they do it every day. There are many who arrive upon with a valid visa, but they are turned back.

Not sure how many are approved. Can not be that many. But I have never seen the Consulate overridden.

I can only remember one 601 causing problems.