Seasoned, strategic and compassionate advocacy for your immigration dreams.

Expert Guidance On 212(d)(3) Nonimmigrant Visa Waivers

When you’re denied a visa at a consulate, it can feel like a dead end. Many people don’t realize that nonimmigrant waivers exist as an option. These waivers are not widely known, and consulates often don’t inform applicants about them. Nonimmigrant waivers can be a lifeline for those applying for a nonimmigrant visa – like an H, L, F or other nonimmigrant visas –  but facing ineligibility issues. Whether you’re seeking a visa for medical treatment, education, tourism or work, if you run into roadblocks, talk to an immigration lawyer about whether you qualify for a waiver.

You can turn to me, Amie D. Miller, a California attorney with over 25 years of immigration law experience. As a Certified Specialist in Immigration and Nationality law through the State Bar of California Board of Legal Specialization, I’ve handled hundreds of immigration waiver cases. I represent clients around the world seeking nonimmigrant visas and nonimmigrant waivers.

Dual Intent Doctrine And Nonimmigrant Visas

Nonimmigrant visas are for individuals who intend to stay in the U.S. temporarily. The main qualifier is “nonimmigrant intent,” meaning you plan to leave the U.S. at the end of your visa. However, some visas, such as the H-1B, allow for dual intent, meaning you can have the intention to apply for permanent residency while holding a nonimmigrant visa.

Other examples of nonimmigrant visas include:

  • Student visas (F, J or M visas)
  • Tourist visas (B visas)
  • Intracompany transfers (L visas)
  • People with extraordinary abilities (O visas)
  • Performing artists and athletes (P visas)

Understanding these visas and the dual intent doctrine can be complex. Knowing which visa suits your needs is crucial to avoid denial and the need for a nonimmigrant waiver.

The Nonimmigrant Visa Application Process

Applying for a nonimmigrant visa involves providing detailed documentation. You must prove your eligibility for the visa and, in most cases, your intent to leave the U.S. upon visa expiration.

Immigration regulations impose many ineligibility grounds based on U.S. immigration policy. These barriers often stand in the way of those seeking nonimmigrant visas, especially if they have issues such as past visa overstays or other immigration violations. If you are in this situation, it’s important to work with an experienced attorney to navigate the nonimmigrant visa waiver requirements.

Our firm provides skilled guidance throughout this process. Our extensive experience in immigration law equips us to effectively address your unique situation and work toward a successful application for a U.S. immigration waiver.

Overcome Visa Obstacles By Pursuing A 212(d)(3) Nonimmigrant VisaWaiver

If you’re facing challenges with your nonimmigrant visa application and need guidance on pursuing a nonimmigrant visa waiver, please reach out to us at the Law Office of Amie D. Miller. We can be your adviser and advocate, working diligently to make your immigrant goals a reality. We represent clients globally and offer virtual consultations for your convenience. To schedule an initial consultation, please call 415-362-8602 or send me an email.