212d3 waiver for inadmissible

[HansUS]

Hello ,



my friend attended h4 visa interview and was refused due to criminal history ( grand theft -shoplifting) the officer refused and said he is inadmissible to us and can apply for waiver .



He took another interview date - and asked for a recommendation for waiver to be sent to ARO . The officer refused to forward the waiver application. -Note repared a waiver application through an attorney.


I don’t understand why was the application refused ? There was no overstay , no deportation . He wants to go on a dependent visa .
what are the options now ? I really would appreciate any help in moving forward. If there are any similar stories please do share . It will give hope .
looking forward for a reply .



thank you

[newacct]

I don't think there is much he can do. In order to qualify for a nonimmigrant waiver, the officer has to recommend it (or, in some rare cases, if the Department of State recommends it, but I don't think those cases apply here). See 9 FAM 305.4-3(E)

[HansUS]

Thank you for your reply . Do tou thibk he should try again . Have you seen any cases where the consulate refuses to recommend? I have read that this waiver is for a broad category of people . Based on what i read , his case
Is strong enough to be recommended atleast .

[HFM1919]

a CO is supposed to forward a 212d3 waiver request to DHS - however, a CO is NOT required to offer a recommendation...your 'friend' may have tried to blame others for his law breaking, or the CO might believe that the US does not need to import thieves...and just because you think your 'friend' deserves a waiver has NO bearing on the situation. A letter from some immigration attorney is worthless, as immigration attorneys will gladly write anything on paper in exchange for money. During my career, I dealt with quite a few of these waiver requests; I recommended exactly zero, mostly because the applicants tried to sell me phony excuses for their behavior...anyone involved with drugs got no sympathy from me...ever.

[HFM1919]

A person can be found ineligible and/or inadmissable for a crime involving moral turpitude (CIMT)...and just because some applicant mumbles an apology for their crime(s) is NO assurance that they are 'rehabilitated.'