Authorizations for Visa Issuance Under INA §212(d)(3)(A) (.PDF)

Authorizations for Visa Issuance Under INA §212(d)(3)(A) (.PDF)

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Authorizations for Visa Issuance Under INA §212(d)(3)(A) (.PDF)

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This compilation by AILA member Dan Berger addresses some of the legal and practical issues surrounding the general authorization for admission for nonimmigrants under §212(d)(3)(A) of the Immigration and Nationality Act (INA). It outlines authorization (waiver) application procedures and the role of the U.S. Department of State (DOS) and of U.S. Customs and Border Protection (CBP) in processing these applications. It also discusses the eligibility standards applied by these agencies in addressing waiver applications, and includes practice pointers for attorneys considering (d)(3) waiver relief for their clients.


Among the issues discussed:

  • Is your client really inadmissible?
  • Waiver vs. authorization for admission
  • Standard of eligibility
  • Applying at a consular post
  • Applying directly to CBP
  • Preparing supporting evidence



94 pages
January 2013
SKU: 53-22

Look Inside

Table Of Contents

About the Author

Dan Berger is a partner at the Northampton, MA, firm Curran & Berger LLP. Mr. Berger has served as senior editor of AILA’s Immigration & Nationality Law Handbook (now, Immigration Practice Pointers) since 2000, editor-in-chief of Immigration Options for Academics and Researchers (AILA 2005 and 2011 Eds.),editor of The International Adoption Sourcebook, and co-editor of the Diplomatic Visas Handbook. He developed his interest in immigration in college, where he studied immigration history and taught English as a Second Language for adult refugees.

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