Many of our clients oftentimes ask us about the requirements to obtain a tourist or visitor visa waiver. Under Section 212(d)(3) of the Immigration and Nationality Act, a consular officer will evaluate the following elements to determine whether to recommend a waiver:
1. The risk of harm to society if the applicant is admitted;
2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and
3. The reasons for wishing to enter the US.