Messed up on Your Last Visit to USA? Ask for A "Hranka" Waiver.

You can request this waiver from a U.S. consular officer if you've been found ineligible to receive a U.S. visitor's visa for any of the following reasons: (a) fraud, (b) unlawful presence, (c) criminal convictions, or (d) health. If the word "Hranka" doesn't roll off the tongue, use the term 212(d)(3) waiver instead. (The waiver is named after a famous immigration case where a 25-year old Canadian woman was ultimately allowed to re-enter the U.S. despite engaging in prostitution on a prior visit.)

Pursuant to the U.S. Foreign Affairs Manual, U.S. Consular officers are directed to consider the following factors, among others, when deciding whether to recommend a waiver:

(1) The recency and seriousness of the activity or condition causing the applicant's ineligibility;

(2) The reasons for the proposed travel to the United States; and

(3) The positive or negative effect, if any, of the planned travel on U.S. public interests.

(4) Whether there is a single, isolated incident or a pattern of misconduct; and

(5) Evidence of reformation or rehabilitation.

See https://fam.state.gov/fam/09FAM/09FAM030504.html#M305_4_3.

U.S. immigration law provides for several types of waivers for people trying to enter the U.S. Sometimes, waivers are not available. If you are contemplating applying for a U.S. visa, especially after having failed to completely comply with U.S. law on a prior visit to the U.S., consult a U.S. immigration lawyer to learn about your options.

Photo by Bing Hui-Yau on Unsplash. (Canadian-U.S. border).

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