Nonimmigrant Waivers (Hranka Waiver)

Foreign nationals can use non-immigrant waivers to enter and stay temporarily in the U.S. These visa waivers can waive certain grounds of inadmissibility, such as immigration fraud, unlawful presence, criminal convictions, and health issues. Also known as the Hranka waiver or 212d waiver, nonimmigrant waivers may grant you admittance to the U.S. despite inadmissibility grounds at the discretion of U.S. immigration authorities.

The Immigration and Nationality Act sets forth grounds for inadmissibility. Nevertheless, the non-immigrant visa waivers can waive certain inadmissibility grounds, such as:

• Immigration fraud
• Unlawful presence
• Criminal convictions
• Health issues

However, there are particular types of grounds of inadmissibility that may not be waived:

• Genocide
• Espionage
• Sabotage

According to Section 212(d)(3) of the Immigration and Naturalization Act (INA), a person who is not eligible for a non-immigrant visa or is inadmissible for certain reasons may still be permitted to enter the U.S. based on the discretion of U.S. immigration officers. This waiver became known as the Hranka waiver because of the “Matter of Hranka,” which refers to a well-known immigration court case.

There are three questions that U.S. immigration authorities must consider while they are deliberating if they will grant you a Hranka waiver or not:

1. What is your reason for wanting to enter the U.S.?
2. How serious were your previous immigration or criminal violations, if any?
3. What potential risk does your entrance to the U.S. pose to the general population if you are granted a waiver?

The 212d waiver has three unique characteristics that you must be aware of:

1. Wide Coverage: The Hranka waiver does not require you to have a “compelling” reason for your application. You may apply for a waiver whether you have humanitarian goals for your trip or you simply wish to make a social visit to family and friends. 
2. Final Decision: U.S. immigration officers have the authority to grant or deny your waiver application based on their professional judgment. As an applicant, you cannot appeal to challenge the final decision of the immigration authorities.
3. Potential Approval: The Hranka waiver may apply to a broad range of situations. It is a viable option for you if you are barred from entering the U.S. on one or several grounds of inadmissibility.

Am I Eligible to Apply for the Hranka Waiver?

It depends. You may be eligible to apply for the Hranka waiver if you meet the following criteria:

• You are planning to enter the U.S. as a non-immigrant.
• You intend to stay in the country on a temporary basis.
• You have concrete plans to go back to your home country once the approved duration of your visit to the U.S. expires.
• You must also meet specific requirements, which you can discuss with an immigration attorney.

Nevertheless, while the Hranka waiver is versatile, it is not universal. You may not be qualified to apply for the 212d waiver if you have certain grounds of inadmissibility:

• Your application will be denied if you travel to the U.S. to commit sabotage, espionage, and other unlawful actions designed to control, oppose or overthrow the U.S. government.
• You shall not be granted a waiver if you are guilty of committing acts of genocide, torture, or extrajudicial killings.
• You will also be banned from entering the country if you are a Nazi who has harmed or persecuted others.

How Can I Apply for the Hranka Waiver?

There are two ways you can apply for the Hranka waiver:

1. Via a U.S. Consular Post: If you don’t have an existing visa yet, you can directly request the 212d waiver from the consular officers at the U.S. consular post while applying for a new U.S. consular post visa.
2. Via a U.S. Port of Entry: If you already have a visa but are not permitted to enter the U.S. due to grounds of inadmissibility, you may apply for a Hranka waiver at the U.S. port of entry. You must fill out and complete Form I-192, entitled “Application for Advance Permission to Enter as a Nonimmigrant.”

No matter which of the two methods you use, you are required to prove that you satisfactorily meet the three considerations based on the Matter of Hranka:

1. You have a valid reason for your desire to enter the U.S.
2. You have proof that your previous immigration violations or criminal natures are not serious matters.
3. You can offer assurance that your entry into the U.S. will not cause a risk of danger to the U.S. population.

These are some of the other requirements that you need to meet while applying for a Hranka waiver:

• You must present tangible proof that you are planning to leave the U.S. and return to your country of origin after the approved period of your visit draws to a close.
• You should supply a brief in the form of a written legal argument indicating the applicable law and reasons why you are qualified for a 212d waiver.

Next Steps

It is highly likely that you already have one or several grounds of inadmissibility if you are applying for a Hranka waiver. Please feel free to reach out to us if you need the help of an immigration lawyer when dealing with complicated legal issues related to your 212d waiver application. Our team of qualified lawyers has experience with non-immigrant waivers and visa waivers, and we’re ready to help you.