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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.



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).

Canadian-U.S. border

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