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. Within this piece of work, we are going to discuss one of the common wavers known as the “Hranka” waiver, and give more information on what it entails and how it can be done.
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 purpose but has a project that will take a limited amount of time, and will return to 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 visa, 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.
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.
