Returning to the US with a 212d3 Waiver - Frear Law
212d3 waiver charlotte immigration lawyer

One of the amazing things about working as an immigration lawyer is that you are in a position to help who are in really difficult situations. A man in his twenties contacted me recently and shared his sad yet inspiring story.

A Troubled Teenager

When this man was in his late teens he was going through a really tough time at home. In response to the difficult circumstances, he rebelled. He hung out with the wrong crowd. And predictably, he made some mistakes that resulted in criminal charge. Eventually, one of his convictions resulted in his deportation.

After this young man was deported at the age of 19, he was sent back to his country of birth in Central America. The challenges that he faced at such a young age were unfathomable. He was returning to a country that he left with his when he was an infant. He did not know a soul. All of his family remained in the US including his newborn son. He did not speak the language. He had no money. The deck was stacked against him.

Overcoming Obstacles after Deportation

So, he goes back to his home country which is foreign to him and he slowly starts to turn things around. Now that he is away from the negative group that he used to associate with, he begins to thrive. He finds a job. His focus and intelligence enable him to excel in his job. Before long, he is promoted to a managerial position. He sends money back home to help support his son. With persistent effort and patience he learns to speak fluent Spanish.

The Current Immigration Challenge

Now, seven years have passed since the deportation and he wants to come to the US as a visitor to see his family and develop a stronger bond with his son. The problem is that he is subject to a 10 year bar from entering the US because of his removal for a conviction.

To make matters worse the crime that he he committed is considered a crime involving moral turpitude. As a result he will need special permission just to be able to apply for admission since the ten years have not passed yet. If he is given permission to apply then his non immigrant waiver will be considered.  The non immigrant waiver which is also referred to as the 212d3 waiver could waive his ground of inadmissibility(which is a result of a conviction for a crime involving moral turpitude) and allow him to enter the US as a visitor.

The 212d3 Waiver

In order to obtain the nonimmigrant waiver, which is also referred to as the 212d3 waiver you have to state your case in a short document that is typically presented at the consulate. The Department of Homeland Security will then weigh a number of factors to determine if the waiver should be granted. These include: 1) the risk of harm to society if the applicant is admitted 2) the seriousness of the applicant’s immigration or criminal violations 3) and the applicant’s reason for seeking entry.

Conclusion

I really hope that the 212 waiver and the 212d3 waiver will provide a solution for this man who has overcome so many obstacles. His story is undoubtably sad but it is also inspiring how he was able to go to a foreign country, learn the language excel in his job and turn his life around. This gentleman deserves a chance to reunite with his family and slowly establish a stronger bond with his son. Hopefully he will have that opportunity.