As of May 6, 2019, the U.S. Department of State’s (DOS) new rules went into effect concerning consular officers recommending a waiver if a nonimmigrant visa applicant is ineligible under Section 212(d)(3)(A)(i) of the Immigration and Nationality Act (INA). Under the new rule, consular officers will be required to refer waiver requests under limited circumstances. The purpose of the new rule is to increase transparency for inadmissible applicants in which waiver requests will only be considered if it involves a key State interest. State interests are defined below:
- Foreign Relations: Refusal of the nonimmigrant visa would become a bilateral distraction or be raised by a foreign government with a high ranking U.S. government official.
- National Security: The nonimmigrant visa applicant’s admission to the U.S. would advance a U.S. national security issue.
- Law Enforcement: The nonimmigrant visa applicant’s admission to the U.S. would advance an important U.S. law enforcement objective.
- Significant Public Interest: The nonimmigrant visa applicant’s admission to the U.S. would advance a significant U.S. public interest.
- Urgent Humanitarian or Medical Reasons: The nonimmigrant visa applicant’s admission to the U.S. is warranted due to urgent humanitarian or medical reasons.
For more information on how the new rules would affect nonimmigrant visa applicants who are ineligible to travel to the United States based on Section 212(d)(3)(A)(i) of the INA, contact us today and speak with one of our experienced U.S. immigration lawyers.
