Generally, the following is the truth about immigration in the United States and even when seeking just a visit under a non-immigrant visa, the following are hurdles any foreigner expects to encounter. Such grounds of inadmissibility can become limiting factors that affect the ability to apply for admission, including aspects like criminal background, past or present fluorescent illness, likelihood to depend on public assistance, etc.
Despite this however, there are some legal remedies available from the side of US immigration law in the form of “waivers” which essentially provide a way out of many grounds of inadmissibility. In this piece, we will discuss the “Hranka” waiver, outlining what it entails and how to navigate the process effectively.
What Is a Hranka Waiver?
However, most immigration law waivers come with tight guidelines in contrast to the common permit known as “Hranka”. It’s however, important to note that this waiver only applies to people who want to go to the United States for non-immigration purposes but have a project that will take a limited amount of time, and will return to their home country when the project is complete. Moreover, the Hranka waiver has some conditions, and most of them are not simple to fulfill.
The Hranka waiver, described in Section 212(d)(3) of the Immigration and Nationality Act (INA), allows US immigration authorities to waive specific grounds of inadmissibility for nonimmigrants who are technically ineligible or inadmissible. The term “Hranka” originates from the landmark immigration court case, Matter of Hranka, which established three key factors for US immigration authorities to consider when deciding on a waiver:
- Risk to Society: The potential threat to the welfare of the society in the United States if the waiver applicant is allowed to settle therein.
- The seriousness of Violations: Other factors include the severity of the applicant’s past criminal conduct or immigration offenses, if any.
- Reason for Entry: The purpose behind the applicant’s desire to enter the United States.
The Matter of Hranka decision explained that while seeking the Hranka waiver, the applicant does not necessarily have to know of something compelling. Even visitors who intend to socialize in the United States do not press anymore for the Hranka waiver and do not need an urgent reason to be in that country. Moreover, they stress that U. S. immigration authorities have discretion over granting or denying the waiver and there is no way for the applicants, as of now, to appeal or contest such decisions.
Limits on Who Can Receive a Hranka Waiver
The Hranka waiver provides flexibility in some cases but explicitly prohibits certain matters. It is unavailable for specific grounds of inadmissibility, including
- Security Concerns: The immigration authorities of the United States will not grant the waiver for any applicant where there are reasonable grounds to believe that they engaging in espionage, sabotage, or any unlawful activities against the U.S. government.
- U.S. immigration officials will deny a Hranka waiver application if they determine that the applicant’s presence or activities in the U.S. would undermine U.S. foreign policy interests.
- Grave Offenses: The following are major reasons for rejecting waiver applications: involvement in torture and extrajudicial killings, genocide, and perpetration of brutalities in the past like the Nazi collaborators who persecuted others.
How to Apply for the Hranka Waiver
People who want to get a Hranka waiver have two options The applicants who did not receive a visa can apply for a Hranka waiver at the time of filing for a visa with the post in the United States consulate. Also, people, who have attained the proper visa but still are inadmissible, can submit the waiver on Form I-192, called “Application for Advance Permission to Enter as Nonimmigrant,” at a U.S. port.
Regardless of the process chosen, applicants must satisfy the three Matter of Hranka factors:
- Applicants must obtain a statement from their colleges or universities confirming that they do not pose a risk to U.S. society, as required for the Hranka waiver.
- Non-Serious Violations: Thus proving to the court that the defendant has not come before the court with prior criminal/immigration violations is not as grievous.
- Valid Purpose for Entry: Establishing a legitimate reason for wishing to enter the United States that aligns with the remaining inadmissibility criteria.
As Hranka waivers specifically pertain to nonimmigrant visas, applicants must also prove their intent to depart the U.S. once their authorized stay concludes.
Immigration officials require applicants to submit a brief or written legal argument outlining the relevant law and reasons that justify their case’s alignment with Hranka, as a necessary step in the Hranka waiver application process.
What are the main differences between the Hranka waiver and other types of waivers?
The Hranka waiver, formally known as the 212(d)(3) waiver, is a specific type of waiver available to individuals seeking nonimmigrant visas who are otherwise inadmissible to the United States. Here’s a comparison of the Hranka waiver with other common types of waivers:
Key Differences Between the Hranka Waiver and Other Waivers
Purpose and Applicability
- Hranka Waiver: Specifically designed for nonimmigrants, the Hranka waiver allows individuals with certain inadmissibility issues to obtain temporary entry into the U.S. for purposes such as tourism, education, or business. It is applicable when an individual is applying for a nonimmigrant visa but is deemed inadmissible due to prior violations or criminal history.
- Other Waivers: Other waivers, such as the I-601 (Application for Waiver of Grounds of Inadmissibility) or I-601A (Provisional Unlawful Presence Waiver), are typically used by individuals applying for immigrant visas or seeking to adjust their status. These waivers address grounds of inadmissibility related to unlawful presence, criminal activity, or fraud, often in the context of obtaining a green card.
Grounds for Inadmissibility
- Hranka Waiver: The Hranka waiver can be requested for various grounds of inadmissibility, including criminal convictions and immigration violations. However, it does not apply to serious offenses such as espionage or genocide, which are explicitly excluded.
- Other Waivers: The I-601 and I-601A waivers cover a broader range of inadmissibility grounds but also have restrictions. For example, the I-601A specifically addresses unlawful presence and requires applicants to demonstrate extreme hardship to a qualifying relative if denied.
Discretionary Nature
- Hranka Waiver: The decision to grant a Hranka waiver is entirely discretionary and based on three key factors: risk to society, severity of prior violations, and purpose of entry. There is no right to appeal if the waiver is denied.
- Other Waivers: While other waivers are also discretionary, they may have more structured criteria and potential avenues for appeal or reconsideration in some cases. For instance, if an I-601 waiver is denied, applicants may have options for appealing the decision depending on the circumstances.
Application Process
- Hranka Waiver: Applicants typically submit the Hranka waiver request during their visa application process at a U.S. consulate or port of entry. There is no specific form dedicated solely to the Hranka waiver; instead, it is included in the overall visa application process.
- Other Waivers: The I-601 and I-601A waivers have specific forms and processes that must be followed. These waivers often require extensive documentation demonstrating eligibility and hardship claims.
Validity of Purpose
- Hranka Waiver: Applicants do not need to present compelling reasons for their visit; even social visits can justify a Hranka waiver application. However, they must still demonstrate intent to return home after their visit.
- Other Waivers: Many other waivers require more substantial justification related to family ties or hardship situations that would arise from denial of entry.
Summary Table
| Feature | Hranka Waiver | Other Waivers (e.g., I-601/I-601A) |
|---|---|---|
| Purpose | Nonimmigrant visa applications | Immigrant visa applications |
| Grounds for Inadmissibility | Limited exclusions; includes some criminal grounds | Included with the visa application |
| Discretionary Nature | Highly discretionary; no appeal | Discretionary; some may allow appeals |
| Application Process | Included with visa application | Specific forms (I-601/I-601A) required |
| Validity of Purpose | No compelling reason needed | Often requires hardship justification |
Seeking Legal Assistance
Applicants seeking Hranka waivers for the U.S. which are typically necessary when they face one or more grounds of inadmissibility, should consult an experienced immigration attorney to guide them through the complex process and help them overcome potential obstacles. An attorney can provide a comprehensive analysis of the waiver’s likelihood of approval, aid in gathering pertinent documents, prepare legal arguments, and engage with U.S. immigration officials. These waivers involve intricate legal matters that necessitate a careful approach.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a J-1 Visa (Exchange Visitor Program), H-1B Visa (Specialty Occupations), or L-1 Visa (Intra-company Transferee), we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
