People often search for this issue as 212(d)(3) waiver, D-3 waiver, nonimmigrant waiver of inadmissibility, Form I-192, Hranka waiver, or CBP ARO waiver. INA 212(d)(3) is a discretionary waiver that may allow certain inadmissible individuals to enter the United States temporarily on a nonimmigrant visa by requesting a waiver through the consular process and/or CBP review depending on the case posture.
INA 212(d)(3) Waiver — Nonimmigrant Waiver of Inadmissibility (Form I-192 / Hranka)
INA 212(d)(3) Waiver — Nonimmigrant Waiver of Inadmissibility (Form I-192 / Hranka)
INA 212(d)(3) Details
Most visa refusals or other application denials are simple denials that do not carry any adverse affects beyond that particular application being denied. However, in some cases, a denial come with other serious repercussions that come with bars to enter the United States. Some of these bars are temporary and could last 5, 10, 15, or 20 years and others carry lifetime bars.
INA 212(d)(3) gives you a path to apply for a temporary waiver of that bar if you would like to enter the US temporarily on a work visa, family visa, or other US visa.
Applications for this US waiver are made on Form I-192 if you are visa exempt (Canadian) or are already in possession of a valid visa. This application is made with CBP, US Customs and Border Protection, at the port of entry. This application generally made in person at a CBP-designated port of entry or a CBP-designated preclearance office. If you are applying for a T Visa or U Visa then the application would be made with USCIS. Once the application is made, the file is reviewed by the Department of Homeland Security and a decision is typically rendered in 6 months.
If you are not visa exempt or do not already have a valid visa then the application is made with the US Embassy when you apply for a visa. This is more difficult and there is a five step process.
Step 1. Apply for a nonimmigrant visa such as a work visa, family visa, or other US visa.
Step 2. Appear in person for the nonimmigrant visa interview and prove your eligibility for the visa.
Step 3. Apply for the INA 212(d)(3) waiver.
Step 4. The Consular Officer must recommend to the Department of Homeland Security that your waiver be approved.
Step 5. The Department of Homeland Security reviews the US waiver application.
Once the Consular officer recommends approval, a decision is typically rendered by the Department of Homeland Security in 6 months.
For Whom Is an INA 212(d)(3) - US Waiver Appropriate?
INA 212(d)(3) provides an opportunity to apply for a US waiver if you have been deemed inadmissible pursuant to one or more of the following sections of law
- 212(a)(1)(A)(i) Communicable Disease
- 212(a)(1)(A)(iii) Physical or Mental Disorder
- 212(a)(1)(A)(iv) Drug Abuser / Drug Addict
- 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude (CIMT)
- 212(a)(2)(A)(i)(II) Controlled Substance Violations (Drug Crimes)
- 212(a)(2)(B) Multiple Criminal Convictions
- 212(a)(2)(C)(i) Controlled Substance (Drug) Traffickers
- 212(a)(2)(C)(ii) Family Members of Controlled Substance (Drug) Traffickers
- 212(a)(2)(D)(i) Prostitution
- 212(a)(2)(D)(ii) Pimping or Procuring a Prostitute
- 212(a)(2)(D)(iii) Commercialized Vice
- 212(a)(2)(E) Asserted Immunity from Prosecution
- 212(a)(3)(B) Terrorist Activities
- 212(a)(4) Public Charge
- 212(a)(5)(C) Uncertified Health Care Workers
- 212(a)(6)(B) Failure to Attend Removal Proceedings
- 212(a)(6)(C)(i) Misrepresentation
- 212(a)(6)(C)(ii) False Claim to US Citizenship
- 212(a)(6)(E) Smugglers
- 212(a)(6)(F) Civil Penalty under INA 274C
- 212(a)(6)(G) Student Visa Abusers
- 212(a)(8)(B) Draft Evaders
- 212(a)(9)(A)(i) & 212(a)(9)(A)(ii) Ordered Removed Upon Arrival
- 212(a)(9)(B) Unlawful Presence
- 212(a)(9)(C) Unlawful Presence after Prior Immigration Violation
- 212(a)(10)(C) International Child Abduction
- 212(a)(10)(D) Unlawful Voter
- 212(a)(10)(E) Former Citizen Who Renounced Citizenship to Avoid Taxes
INA 212(d)(3) - US Waiver Requirements
A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests. When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa
- The recency and seriousness of the activity or condition causing the inadmissibility;
- The reasons for the proposed travel to the US; and
- The positive or negative effect, if any, of the planned travel on US public interests.
How the INA 212(d)(3) waiver works (I-192, consular recommendation, and CBP/ARO review)
INA 212(d)(3) is commonly called the “nonimmigrant waiver of inadmissibility” or “D-3 waiver.” It is discretionary and is used by people who are otherwise inadmissible but want to enter the United States temporarily for a specific, lawful purpose (for example, tourism, business, family visits, or certain work-related travel).
Many people encounter this waiver after a visa refusal or when they learn they are inadmissible due to a prior immigration issue, criminal issue, or other inadmissibility ground. The waiver is not automatic; it is evaluated case-by-case based on risk and equities.
What inadmissibility issues can a 212(d)(3) waiver cover?
People often search “can 212(d)(3) waive X?” because it is used across many inadmissibility scenarios. Depending on the facts and the case posture, 212(d)(3) can be used to request a waiver for a wide range of inadmissibility grounds for temporary entry. However, some grounds are harder than others, and waiver strategy must be tailored to the specific INA code cited.
Because waiver eligibility and likelihood of approval depend on the exact ground, the first step is identifying the INA inadmissibility code(s) and building the waiver packet around that code and the person’s risk profile.
Hranka factors (what officers consider)
The 212(d)(3) waiver is typically evaluated using the discretionary factors commonly referred to as the Matter of Hranka factors. In plain English, decision-makers focus on:
- The recency and seriousness of the conduct or issue that makes the person inadmissible
- The reason for the proposed travel to the United States (purpose, necessity, and credibility)
- The positive or negative effect of the person’s entry on U.S. public interests and safety
A strong waiver request addresses each of these directly with facts and documentation.
Consulate vs CBP/ARO: how the filing path differs
Many applicants do not realize that the process can look different depending on where the issue is raised.
212(d)(3) through a U.S. consulate (visa application with waiver recommendation)
In many cases, the applicant applies for a nonimmigrant visa at a U.S. consulate. If the consular officer believes the applicant otherwise qualifies for the visa but is inadmissible, the officer may recommend a 212(d)(3) waiver for CBP review. This approach is common when the applicant needs a visa foil in the passport.
212(d)(3) through CBP (Form I-192 / ARO)
In some situations, the waiver request is made through CBP using Form I-192 and is reviewed by CBP’s Admissibility Review Office (ARO). This pathway is often discussed for certain applicants depending on their travel document category and the way the inadmissibility issue is handled.
Because the correct pathway depends on the traveler’s nationality, visa requirements, and where the inadmissibility is being applied, choosing the correct process early can save significant time.
Evidence checklist: what a strong 212(d)(3) waiver packet includes
A strong waiver request is organized, consistent, and easy for an officer to evaluate. Common components include:
- A copy of the refusal sheet or the INA inadmissibility code(s) cited (if available)
- A clear, chronological timeline of immigration history, travel history, and the incident(s) causing inadmissibility
- Court dispositions and certified records for any arrests/charges/convictions (if applicable)
- Proof of rehabilitation and stability (employment history, community ties, compliance with court requirements, counseling/treatment evidence where relevant)
- A detailed purpose-of-travel explanation (what, when, where, why, and for how long)
- Supporting documents for the purpose (invitation letters, conference registrations, employer letters, family event documents, itineraries)
- Proof of ties abroad and intent to depart after a temporary visit
- A concise legal cover letter mapping the facts to the Hranka factors and addressing risk directly
The goal is to present a low-risk, well-documented request with a credible temporary purpose and a clear plan for a limited stay.
Frequently asked questions about the INA 212(d)(3) waiver (D-3 / I-192)
What is an INA 212(d)(3) waiver?
INA 212(d)(3) is a discretionary nonimmigrant waiver of inadmissibility that may allow an otherwise inadmissible person to enter the United States temporarily for a lawful purpose.
What is a D-3 waiver?
“D-3 waiver” is a common shorthand name for an INA 212(d)(3) nonimmigrant waiver request, often discussed in consular processing contexts.
What is Form I-192?
Form I-192 is the application commonly used to request advance permission to enter as a nonimmigrant in certain waiver situations. The correct process depends on the traveler’s posture and where the inadmissibility is being applied.
What is CBP ARO?
CBP’s Admissibility Review Office (ARO) reviews certain waiver requests and makes decisions in waiver processes tied to CBP review.
What are the Hranka factors?
The Hranka factors are the discretionary considerations commonly used to evaluate a 212(d)(3) waiver request: the seriousness/recency of the inadmissibility issue, the purpose of travel, and the public interest or risk assessment.
What inadmissibility issues can a 212(d)(3) waiver cover?
Depending on the facts and posture, 212(d)(3) is used for a wide range of inadmissibility issues for temporary entry. The strategy must be tailored to the exact INA code(s) cited.
Is a 212(d)(3) waiver guaranteed?
No. It is discretionary. Approval depends on the facts, risk profile, purpose of travel, and the quality and credibility of the waiver package.
Is a 212(d)(3) waiver available for immigrants or only nonimmigrants?
A 212(d)(3) waiver is a nonimmigrant waiver used for temporary entry. Immigrant waiver options are different and depend on the inadmissibility ground.
How do consular 212(d)(3) waivers work?
In many cases, a consular officer adjudicates the visa and may recommend a waiver for CBP review when the applicant otherwise qualifies but is inadmissible.
How long does a 212(d)(3) waiver take?
Timelines vary widely based on the pathway and case facts. Submitting a complete, well-organized packet helps reduce avoidable delays.
What evidence helps a 212(d)(3) waiver request?
Certified court records (if applicable), a clean timeline, proof of rehabilitation and stability, clear purpose-of-travel documents, and a cover letter addressing the Hranka factors are commonly important.
What is the first step after being told I’m inadmissible?
Identify the exact INA inadmissibility code and the decision context (consulate vs CBP), then build a waiver strategy and evidence packet around the specific ground and travel purpose.
