Waivers Connected With U Visa Petitions

In order to procure a U nonimmigrant visa, the petitioner must be admissible to the United States. If a U visa petitioner is inadmissible, there are two separate waivers of inadmissibility that may be available to allow a nonimmigrant to procure a U visa.

First, section 212(d)(4) of the Immigration and Nationality Act (INA) provides for a waiver of inadmissibility for U visa petitioners. Section 212(d)(14) allows for the United States Citizenship and Immigration Services (USCIS) to waive nearly any ground of inadmissibility for a U visa petitioner if it is determined that granting the waiver would be in the national or public interest.

Alternatively, the general waiver provision found in section 212(d)(3) may temporarily waive most grounds of inadmissibility for a U visa petitioner.

It is important to note that a section 212(d)(3) or 212(d)(14) waiver may be revoked at any time at the discretion of the Department of Homeland Security (DHS). A waiver for a U visa petitioner is attached to the U visa petition, and it does not serve to waive inadmissibility for other purposes.

Please see our full article to learn about waivers for U visa petitions in detail [see article]. To learn about 212(d)(3) waivers in detail, please see our full article on the three factors that adjudicators consider in assessing requests for waivers under this provision [see article]. To learn about U visas in general, please see our growing selection of articles on the subject [see category].