Waiver for other visas, like H2A or tourist?

[Glühbirne]

Okay guys, I have a friend from Mexico who had the tourist visa. She and her mother were going to cross the border to go shopping and a relative asked them to give a friend a ride. They didn't think twice about giving the girl a ride.

My friend was a passenger and her mother was the driver. The girl sat in the back seat. As they approached the POE, the girl began to hide. My friend and her mother got very nervous because they had not been aware that the girl didn't have a tourist visa. They could not make the girl get out of the car before they got up to the guard and the line was moving, so they drove forward. My friend and her mother had thier visa's cancelled for human trafficking. After she explained what happened, the officer told my friend that since she was just a passenger, she could try to apply for a visa again in one year. Two years passed and she attempted to get a visa to work in agriculture. At the consulate, she was treated very rudely by the women who interviewed her. The women said, "I could give you a 90 year bar. You should have known better than to apply for a visa. You are a human trafficker." She then told her to apply for a visa again in five years. Now my friend is a clerical worker with a bit more education than your average agricultural worker, so I don't know if this might have been part of the reason why the women denied her the H2A visa.

My friend has heard, however, that people who have had thier tourist visas cancelled can apply for some sort of waiver or "perdon" in Juarez in order to be able to get a tourist or other visa again. Now, does anyone know of this? If it is true, would it work for her to get an H2A visa, or would it only be to get back her tourist visa? Where can I get more information about this? Where would this waiver have to be submitted? I know that it would be different than an I-601, but I still would like to do all I can to help her.

I've been really busy at work, so I haven't had time to call her, but I don't want her to think that I've forgotten about her. PLease offer any advice you can.

[JMRJ]

This is the closest information I can find for you. I'm not sure if your friend can benefit from this one: Please disregard if not:

http://www.ilw.com/articles/2003,0930-labrie.shtm

INA: ACT 212

(3) (A) 20b/ (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212FN20b&s_type=all&hash=0-0-0-2619)Except as provided in this subsection, an alien (i) 20b/ (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212FN20b&s_type=all&hash=0-0-0-2619)who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212FN20a&s_type=all&hash=0-0-0-2621)and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) 20b/ (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212FN20b&s_type=all&hash=0-0-0-2619)who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212FN20a&s_type=all&hash=0-0-0-2621)and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragra ph.

[Glühbirne]

So, according to all that, a waiver is possible, if I'm understanding it right. How then, does one go about requesting said waiver?

[JMRJ]

I haven't heard this kind of case before and we have the same understanding in this article too.I highlighted and pasted the part that might help you.I'll do my best Gluhbirne.I just wish I am gifted with words to explain more in details.(English is not my first language:shy:).For some people, Immigration is like a term paper. To me, it's rocket science.

It says:
The procedure for filing a 212(d)(3) waiver application is set out in 8 C.F.R. 212.4. The regulations provide two different procedures: for filing under Section 212(d)(3)(A)(for those nationalities requiring a visa) and under Section 212(d)(3)(B)(for certain visa exempt applicants).

I googled 8 C.F.R. 212.4 (Procedure)

(a) Applications under section 212(d)(3)(A) --

(1) General. District directors and officers in charge outside the United States in the districts of Bangkok, Thailand; Mexico City, Mexico; and Rome, Italy are authorized to act upon recommendations made by consular officers for the exercise of discretion under section 212(d)(3)(A) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act212d3&s_type=all&hash=0-0-0-2621)of the Act. The District Director, Washington, DC, has jurisdiction in such cases recommended to the Service at the seat-of-government level by the Department of State. When a consular officer or other State Department official recommends that the benefits of section 212(d)(3)(A) of the Act be accorded an alien, neither an application nor fee shall be required. The recommendation shall specify:

(i) The reasons for inadmissibility and each section of law under which the alien is inadmissible;

(ii) Each intended date of arrival;

(iv) The purpose of each stay;

(iii) The length of each proposed stay in the United States;


(v) The number of entries which the alien intends to make; and

(vi) The justification for exercising the authority contained in section 212(d)(3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act212d3&s_type=all&hash=0-0-0-2621)of the Act

...see more in this link:
Sec. 212.4 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|8cfrsec2124&s_type=all&hash=0-0-0-12035)



How to make an appointment:
http://ciudadjuarez.usconsulate.gov/wwwhnivappt.html

declare previous problems in DS-156,application for non-immigrant visa and inform the CO at the time of the interview.the CO should advise her of the waiver, if found ineligible.

If she wants to go for H2A:
http://ciudadjuarez.usconsulate.gov/wwwhnivh2br.html


Additional information: Most visa denials fall on this one:

214(b) cases:

Most visa denials are made under Section 214(b) of the Immigration and Nationality Act (INA) because the applicant has not convinced the interviewing officer that he or she has sufficiently strong ties to her/his home country to compel their return after a limited visit.