This compilation by AILA member Dan Berger addresses some of the legal and practical issues surrounding the general authorization for admission for nonimmigrants under §212(d)(3)(A) of the Immigration and Nationality Act (INA). It outlines authorization (waiver) application procedures and the role of the U.S. Department of State (DOS) and of U.S. Customs and Border Protection (CBP) in processing these applications. It also discusses the eligibility standards applied by these agencies in addressing waiver applications, and includes practice pointers for attorneys considering (d)(3) waiver relief for their clients.

Among the issues discussed:

  • Is your client really inadmissible?
  • Waiver vs. authorization for admission
  • Standard of eligibility
  • Applying at a consular post
  • Applying directly to CBP
  • Preparing supporting evidence