Even if you are only seeking a temporary visa to enter the U.S. briefly to visit family or work at a short-term assignment, if you have something on your record that makes you inadmissible, you will not be eligible to gain a temporary visa to enter the United States without a waiver. Depending on your situation, the discretionary waiver permitted under Section 212(d)(3) of the Immigration and Nationality Act (INA) may be your best option. This type of waiver is commonly called a “D-3” waiver or a “Hranka waiver” because of an influential decision by the Board of Immigration Appeals.
The team at Odunlami Law can help you demonstrate that you meet the qualifications for this waiver and that you otherwise qualify for the type of visa you are seeking to enter the U.S. We understand the frustration immigration requirements can cause and we are ready to help you overcome the challenges to get the visa you need without unnecessary delays.
Understanding the Hranka Waiver
Section 212(d)(3) of the INA gives immigration authorities the ability to waive or overlook inadmissibility problems for certain individuals who want a temporary visa to enter the U.S. but not to remain in the U.S. In the 1978 legal decision Matter of Hranka, the Board of Immigration Appeals discussed when and how this waiver could be used, and they established some standards and principals that are still used today.
In that case, a young woman who had been deported for engaging in criminal activity in the U.S. wanted to be able to return to the U.S. for social activities such as attending the weddings of family members. Originally, her application for a waiver of inadmissibility was denied because the reasons requested for a waiver did not include compelling humanitarian circumstances and because the official in charge did not believe enough time had passed to demonstrate that she had been rehabilitated.
The Board of Appeals disagreed on both counts. They found that evidence indicated she had been rehabilitated. More importantly, the Board determined that even though the reasons presented for seeking a waiver to enter the U.S. were not “compelling,” nothing in the law requires an applicant to have a compelling reason. The desire to enter for any lawful purpose could therefore be enough for this and future applicants to request a waiver.
Three Factors to Be Weighed to Determine Whether a Waiver Should be Granted
In the Hranka decision, the Board described three issues that should be considered when determining whether or not to grant a waiver.
The risk of harm to society if the applicant is admitted
The seriousness of the applicant’s prior violations of immigration or criminal law
The nature of the applicant’s reasons for wishing to enter the United States
The team at Odunlami Law can work to prepare a waiver application that demonstrates that you pose no risk to society by entering the U.S., that your reasons for inadmissibility do not involve serious violations of law, and that your reasons for wanting the enter the U.S. are genuine so that a waiver should be granted on humanitarian grounds.
Restrictions on Hranka Waivers
There are situations where a Hranka waiver cannot be granted because doing so would violate public policy. For instance, immigration officials will not grant a waiver if they have cause to believe that an individual plans to enter the U.S. to commit unlawful activities, to spy, or to attempt to oppose or control the U.S. government. If an applicant’s entry into the U.S. or the activities they propose to conduct in the U.S. could undermine U.S. foreign policy, that is also a reason to deny a waiver. If someone participated in genocide or torture, for example, officials are unlikely to grant them a waiver.
It is important to be aware that if you are applying for a Hranka waiver, you must meet all the other qualifications for the type of visa you are trying to obtain. You will generally need to demonstrate that you have connections to your home country and definite plans to return.
The team at Odunlami Law can not only help you demonstrate why the three factors above weigh in your favor, we can work to show why the limitations on Hranka waivers do not apply in your case and why you meet the other qualifications for a temporary visa.
Work with Odunlami Law to Get the Inadmissibility Waiver You Need
Whether you want to enter the U.S. for work, to take a vacation, to see friends or family, or for any lawful purpose, if a problem in your past is holding you back, Odunlami Law can help you get a waiver of inadmissibility so you can obtain the visa you need to reach your goals. We understand how to present your case persuasively to encourage the grant of discretionary waivers such as Hranka Waivers. To get started, schedule a consultation with our team today.
