A 212(d)(3) waiver is special permission that allows people who are normally barred from entering the United States to apply for a nonimmigrant visa. This waiver is for individuals with issues such as past offenses or immigration violations that usually make them inadmissible. Recent updates from the Department of State (DOS) have clarified the application process for these waivers, making it easier for qualified individuals to obtain nonimmigrant visas despite their inadmissibility.

The updated Foreign Affairs Manual (FAM) now provides clearer guidelines for consular officers on how to handle these waiver requests. They will consider factors like why someone is inadmissible, how their visit might affect U.S. interests, and whether they have shown evidence of turning their life around.

One key improvement is that consular officers are now encouraged to look favorably on people who have graduated from U.S. schools or have skills related to their education. This change is especially helpful for DACA recipients and others covered by recent executive orders, as it may make it easier for them to enter the U.S. workforce.

Additionally, the criteria for faster processing of these waivers have been expanded to include graduates of U.S. colleges and universities. This should help shorten the often lengthy wait times for getting a 212(d)(3) waiver, reflecting the DOS’s commitment to supporting skilled individuals who want to contribute to the U.S. economy and society.

These updates are a significant improvement, providing clearer instructions for both applicants and consular officers. It’s important for everyone involved to stay updated and adapt to these changes in U.S. immigration policy.