Chapter 4 - INA 212(d)(3) Waivers
USCIS considers whether the applicant may be eligible for a discretionary waiver under INA 212(d)(3) if the applicant is ineligible for a waiver under INA 212(d)(13), such as in the following circumstances:
An applicant cannot establish that the conduct rendering the applicant inadmissible is connected to the trafficking; or
The applicant is inadmissible under a ground not covered by INA 212(d)(13) but that is covered by INA 212(d)(3), which includes:
The INA 212(d)(3) waiver analysis is a purely discretionary determination, and the analysis involves balancing social and humanitarian considerations against adverse factors.
In addition to considering a broad range of discretionary factors, officers should also consider the following factors, as specifically outlined by the Board of Immigration Appeals, in determining whether to approve or deny a section INA 212(d)(3) waiver:
The 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; and
The reasons for wishing to enter the United States.
In addition to these factors, officers should take into account as a positive factor that the applicant has suffered a severe form of human trafficking in persons and has complied with any reasonable law enforcement requests for assistance.