B1/B2 Visa Issued Together with Nonimmigrant Waiver & Permission to Reapply

We recently had a client issued a B1/B2 visa together with a nonimmigrant waiver pursuant to INA § 212(d)(3)(A)(i) and permission to reapply for admission under INA § 212(a)(9)(A)(iii).  The § 212(d)(3) waiver was needed to overcome inadmissibility under INA § 212(a)(2)(I)(ii) based on a conviction for money laundering that occurred over 10 years ago.  Our client also required permission to reapply for admission under INA § 212(a)(9)(A)(iii) due to inadmissibility under INA § 212(a)(9)(A)(i) as an alien previously deported who was convicted of an aggravated felony.

The amount of money involved in the underlying laundering incident was in excess of $15,000.00 US.  Despite the severity of the crime involved, our client had strong equities, both business and personal, that we presented in the form of a memorandum of law with supporting documentation.  Under the Matter of Hranka standard, which requires the consideration of three (3) factors [(1) risk of harm to U.S. society; (2) seriousness of criminal and/or immigration law violations; and (3) the nature of reasons for seeking entry to the U.S.] in adjudication of INA § 212(d)(3) waiver cases, our client was issued a waiver of inadmissibility for a period of one (1) year. 

The visa application was presented to the U.S. Consulate together with the nonimmigrant waiver package and the application for permission to reapply for admission.  On the date of interview, the Consular officer informed our client of his intent to recommend the waiver application for approval.  Only seven (7) days later, our client received notice that the waiver was granted and was instructed to submit his passport to the Consulate.  Only six (6) days after submitting the passport, it was returned to our client with a B1/B2 visa and waiver endorsement, as well as permission to reapply for admission.  The visa and waiver were issued for a validity period of one year. 

Our client, unable to travel to the U.S. for over 10 years, can now enter the United States for both business and/or pleasure.