Filing for B-2 visa and 212(d)(3)

[Bina]

Hi all,

I'm back again and in need of advice (of course).

I will be filing for a tourist visa only so that I can then submit my waiver of inadmissibility to the consulate as well.

Questions:

a) How do I prepare 212(d)(3) waiver?? I can't find an application form for this, apart from I-212. I need the waiver for having unlawful presence so I don't quite know what to write in my statement. I have gathered a few letters of support from my manager & friends that I am intending to submit with my application, one is a letter from a manager in our office in Austin, TX mentioning if I were to receive this waiver he would consider any future applications from me as I'm a great asset to the company. Don't know if this is beneficial or will it look as if I have dual intent??

b) Do I send my waiver application (of course, after I realize what exactly I need to write & if there is an application form for this) with my visa application, or do I send the visa application to the consulate first and wait until they call me up for an interview?

I'd appreciate any feedback you can give me!

Thanks a bunch!

[jesuslovesyou]

212(d)(3) has no applcation nor form .. you first have to qualify for NIV like anybody else once Consulate determines that you qualify for NIV they will recomed your waiver to DHS and DHS is the one approves.

usefull documentation you can collect are

1. police reports form all the places you have been
2. all the immigration documents
3. letters showing your good moral charecter

in the initial interview they will take your 10 fingerprint and request your immigratio file and criminal record checks then they will determine what inadmisabilitys would apply.

and they will call you back and let you know and then qualify you for NIV and they will reject your visa and send recomendation to DHS and give you a slip stating your visa is pending adtional admnistrative process for waiver.

DHS then determines ARO admisability review office in washington or the DHS office in your jurisdiction will make the determination DHS genrally makes determination with in 30 days once they have all the documentaion.

if consulate is not clear on the case they will request for a advisory opinion from Dept of State in washington DC .. and DOS directly sends the recomendation to DHS and DHS then desides on that.

sometimes security checks are also possible ..

all of this should not take that long ..

hope this will help you

JLU

[jesuslovesyou]

I am not shure if the letter fom your manag would do any good in your case as this can be good for your waiver it might hurt your B2 visa .

then again if you can get letter from him without that note and stating that your services are essential to them and your visit to us is crucial or beneficial to their business that would do a lot of Good


JLU