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  • #16
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by orion13:
    Thank you for your information Aneri. Any idea how long it takes to get a non-immigrant waiver? Do you know how long someone can stay in the US on that type of waiver? Can he apply for this waiver numerous times in one year if he wanted to have more than one visit? Sorry for all the questions, I'm just trying to get as much info as I can for him. </div></BLOCKQUOTE>
    "Under INA 212(d)(3), nonimmigrants can apply for waivers of inadmissibility, and on that ground can be granted visas or admission to the U.S. For Canadian citizens, who are visa exempt, a nonimmigrant waiver is applied for on form I-192 through a Customs and Border Patrol agent. For citizens of other countries, a nonimmigrant waiver is applied for at a U.S. consulate in conjunction with a nonimmigrant visa application and no specific form is required. The standard of proof for a nonimmigrant waiver is much easier to meet than for an immigrant waiver. The following factors are considered in granting a nonimmigrant waiver:

    - Risk of harm to society if the applicant is admitted.
    - The seriousness of the applicant's prior immigration law, or criminal law, violations, if any.
    - The nature of the applicant's reasons for wishing to enter the United States.[6]

    While a nonimmigrant waiver is easier to obtain, the drawback is that it is temporary. It is valid for a five year period but only authorizes nonimmigrant admissions. It does not authorize an alien to apply for permanent residence. Only the immigrant waiver can accomplish that"

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by orion13:
    Also, does anyone have any more information on immigrant visas he can apply for besides a marriage one? </div></BLOCKQUOTE>
    Applying for visa can only happen while being outside the USA. The moment your friend leaves, the bar starts... There are tens of different visas. Some allow waiver, some not.. I think it is a wrong approach to search for visa that would get him back in. Each visa has conditions...and if that's not the reason why he is coming back, it may beackfire big way.
    Since he is illegal, he can't change/adjust his status in the USA unless petitioned by immediate relative.


    • #17
      Thank you aneri!

      This information was very helpful. Especially the info about the non-immigrant waiver. Yeah, he isn't interested in trying to fake his way into any visas. He would love to live here legally, but, this 5 year nonimmigrant waiver would be good so he can visit. Hopefully he would qualify for it.

      Thanks again!


      • #18
        One more question Aneri,

        Where did you get the information about the nonimmigrant waiver? Is there a webpage that I can go to? What is the best way to apply for that? I would like to be able to know everything possible, so I can help him try to get this waiver if he goes back to Brazil. Thanks!


        • #19
          I think the best would be to inquire about non-immigrant waiver at the US consulate in Brazil, as they are the one who will be processing it.

          You can find the law in INA, under 212 ... the quote was from an article here on ILW web-site. If you google it, you may find some personal stories from people.. I remember one day by day account of events from a Canadian man who got non-immigrant waiver approved, but don't have a link now.

          good luck


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