The United States Department of State (DOS) has applied new changes to its policy on Nonimmigrant Visa (NIV) waivers.
Following updates to NIV waivers, consular officers are no longer obliged to follow previous decisions when reviewing waiver requests after each waiver will be looked at independently, VisaGuide.World reports.
A Nonimmigrant Visa waiver is dedicated to those who are not permitted to enter the US for reasons such as health issues, immigration problems or past crimes. If someone is not permitted to enter the US, they can apply for a waiver to abolish that restriction.
In line with the previous policy, consular officers would usually approve a NIV waiver if another officer had granted one before unless there was negative information or significant changes in the person’s situation.
Before the new changes were introduced, applicants who had been granted a waiver before could usually expect the same decision in subsequent application, however now, consular officers must review each NIV waiver request independently.
In line with the new changes, consular officers can’t rely on past decisions to guide their judgment after applications are considered on their own merits, according to a report from Boundless.
Uncertainties to Waiver Process
The new changes are expected to make the waiver process more uncertain after applicants can’t assume that a waiver previously granted will make it easier to get one again.
After each case will be considered separately, the request should be supported with clear and updated information.
The new changes are only applied to non-immigrant visa waivers, while the immigrant visa waivers are handled separately.
A Pathway for Inadmissible Persons
Non-Immigrant Waiver of Inadmissibility helps those facing a ground of inadmissibility to enter the US as specified in Section 212(d)(3) of the Immigration and Nationality Act (INA).
Those wishing to enter the US are required to apply for non-immigrant visas at first. However, in some cases, immigration officials deny entry to the US based on several factors including those related to health, fraud or crimes.
Section 212(d)(3) of the Immigration and Nationality Act (INA) analyses several factors related to the Non-Immigrant Visa Waiver.
The INA 212(d)(3) waiver analysis is a purely discretionary determination, and the analysis involves balancing social and humanitarian considerations against adverse factors.
USCIS through a statement emphasizes that when deciding to approve or deny a 212(d)(3) waiver, officers should take into account the potential risk to society if the applicant is permitted to enter, the seriousness of any past immigration or criminal violations and the reasons for aiming to enter the US.