Immigrant Visas - Waiver Instructions
Consular officers determine that certain individuals are permanently ineligible to receive a visa due to serious violations of the Immigration and Nationality Act (INA). In some cases, these individuals may apply for a waiver (i.e. the removal) of these penalties. All waiver applications are adjudicated by the United States Citizenship and Immigration Service (USCIS).
The U.S. Embassy in Dhaka will process your waiver application and forward it to USCIS for adjudication. Alternatively, you may apply for a waiver directly with a USCIS office.
If you wish to apply in Dhaka for a waiver, you must
-
be eligible for a waiver. (If you are eligible, it will be indicated on your blue refusal sheet),
- submit a complete Application for Waiver of Ground of Inadmissibility (Form I-601),
- submit a detailed written statement from both the beneficiary and the petitioner regarding extreme hardship,
- pay the required fee (currently U.S. $585, or equivalent Taka),
- be fingerprinted, and
- be interviewed by a Consular Officer
- Click here to get I-601 form (Application for Waiver of Grounds of Inadmissibility)
- Click here to get I-212 form (Application for Permission to Reapply for Admission into the United States After Deportation or Removal)
If you are applying for Permission to Reapply for Admission into the United States after Deportation or Removal (Form I-212), you should apply directly with a USCIS office. The U.S. Embassy in Dhaka does not process I-212 waiver applications unless they are accompanied by an I-601 waiver application. You may only apply for an I-212 waiver at the U.S. Embassy in Dhaka if you also require an I-601 waiver.
In order to schedule an appointment to apply for a waiver, the applicant should return to Gate 3 on any working Sunday through Wednesday between 12:00 and 12:30 p.m. The applicant must bring their blue refusal sheet to gain admittance and the appropriately completed waiver forms. After the waiver forms are submitted and the applicant returns on the date given, they will be given information about their waiver interview.
The waiver interview consists of questions about the personal and family situation of the individual seeking a waiver, as well as questions concerning the individual’s actions in contravention of U.S. immigration law. Upon the conclusion of the waiver interview, the Consular Officer will send a report detailing the findings of the waiver interview, along with the case file of the waiver applicant, to the USCIS regional office in New Delhi. After USCIS adjudicates the Waiver Application, it will inform the U.S. Embassy in Dhaka of the result, and the Embassy will then contact the waiver applicant via the most recent contact information contained in the applicant’s case file.
From the time the U.S. Embassy in Dhaka sends your Waiver Application to USCIS, until the time we receive a reply, the Embassy will not be able to provide status updates on your case. It can take many months for USCIS to adjudicate your application. Any questions pertaining to the status of a waiver application should be addressed to USCIS directly.
In cases of involving visa fraud, illegal entry and overstay, and alien smuggling, the U.S. Embassy in Dhaka and USCIS have little sympathy for claims by offenders that they are naïve, poor, uneducated, and/or that their criminal acts were planned and executed by other individuals. If you do not know or cannot remember the background details pertaining to your violation of United States immigration law, you should find out before your waiver interview. The inability to remember the details pertaining to your violation of United States immigration law will not be looked upon favorably by Consular Officers or by adjudicators at the USCIS regional office.
Most serious violations under the INA carry a lifetime bar to all immigration benefits. When the State Department finds an applicant to be in violation of the INA, it rules that person ineligible for a visa. When the USCIS finds a violator, it rules the person inadmissible for entry into the USA. For practical purposes, these terms are the same thing.