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NIV Waivers

Waivers of inadmissibility for Nonimmigrant or Temporary Visas do not require a qualifying family member, but only extend temporary relief. The reviewing officer of a waiver pursuant to INA § 212(d)(3) will consider the following factors:

  • The risks of harm in admitting the application;
  • The seriousness of the acts that caused the inadmissibility; and
  • The importance of the applicant’s reason for seeking entry.

In general, the applicant must reapply for the waiver when he applies for any nonimmigrant visa or temporary admission to the United States. Applicants submit nonimmigrant waivers either to the consulate or port-of-entry. In certain cases, the applicant will apply for the waiver by filing Form I-192 Application for Advance Permission to Enter as Nonimmigrant, but in most cases the a specific form is not required for submission. The consulate officer will review the application. If favorable, the officer will recommend issuance of the waiver and forward it to the Admissibility Review Office in Washington, DC, for a final decision. Processing of the nonimmigrant waiver may take months before it is returned to the consulate or port-of-entry to complete processing of the visa application.


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