Was your U.S. Visa Denied? Apply for a Waiver

Non-Immigrant Visa Waivers

Was your U.S. Visa Denied? Apply for a Waiver

Getting denied for a U.S. tourist visa can feel frustrating and confusing—but it doesn’t always mean the end of the road. Depending on the reason for your denial, you might be eligible for a waiver. Let’s break it down.

What Is a U.S. Visa Waiver?

If your visa was denied due to certain legal or immigration-related issues, you may be eligible to apply for a 212(d)(3) waiver, often called the Hranka waiver. This waiver allows individuals who are otherwise inadmissible to the United States to enter for a temporary period—typically for important events, business, or medical reasons. But here’s the catch: getting this waiver isn’t automatic. The decision on whether to grant you a waiver lies mainly with the consular officer handling your case.

What Do Officers Consider for a Waiver?

When reviewing a waiver request, consular officers evaluate a few critical factors, including:

• The seriousness of the offense that caused your initial visa denial

• How much time has passed since the offense occurred

• Evidence of rehabilitation – have you shown that you’ve moved on and learned from the past?

• Your purpose for traveling – is it urgent or compelling?

• The potential impact your visit might have on the United States, both good and bad

Each case is unique, and there is no appeal if a waiver is not recommended—so it’s important to present a strong case, so that hopefully the consular officer will recommend a waiver for your case.

Understanding 214(b) Denials

Now, not all denials are eligible for a waiver. In fact, the majority of tourist visa refusals fall under Section 214(b) of the Immigration and Nationality Act. This means the consular officer believed you might have immigrant intent—in other words, they weren’t convinced you'd return home after visiting the U.S. Unfortunately, there is no waiver available for 214(b) denials.

Let’s Talk

If you’ve been denied a visa and want to understand more about waivers, we can help. Our experienced immigration attorneys can help clarify your options. Schedule a consultation with us to review your case and explore your options. Contact us today!