A Hranka Waiver, also known as a nonimmigrant waiver, refers to a provision in immigration law under Section 212(d)(3) of the Immigration and Nationality Act (INA).
This waiver allows nonimmigrants who are deemed inadmissible to the United States for various reasons, such as criminal grounds, health-related grounds, or other grounds, to apply for temporary entry into the country.
The waiver grants discretion to the U.S. government to admit nonimmigrants who would otherwise be ineligible for a visa.
Who Can Apply for a Hranka Waiver?
People who have been found inadmissible to the United States but are seeking temporary entry for legitimate reasons may apply for a Hranka Waiver.
These grounds may include but are not limited to, prior criminal convictions, previous immigration violations, or health-related issues.
Some grounds of inadmissibility cannot be waived under a Hranka Waiver, including certain security-related grounds, such as espionage, sabotage, or terrorism. In general, waivers are not available for particularly severe offenses or when granting a waiver would pose a significant risk to the safety and security of the United States.
What Factors Are Reviewed During the Application Process?
During the Hranka Waiver application process, the following factors are typically considered:
- The severity of the inadmissibility grounds for inadmissibility: More serious offenses, such as those involving violence, drug trafficking, or significant immigration fraud, may be less likely to be granted a waiver.
- The applicant’s background: This includes factors such as the applicant’s age, family ties, employment history, and community involvement, which can provide context for assessing the applicant’s character and potential for rehabilitation.
- The time elapsed since the offense: A longer period since the offense occurred, particularly if accompanied by evidence of rehabilitation, may make a waiver more likely to be granted.
- The reason for seeking admission to the United States: If the applicant has a compelling reason for seeking entry, such as visiting a close family member, attending an important event, or receiving specialized medical treatment, this may weigh in favor of granting a waiver.
- The risk of harm to society: If admitting the applicant is deemed to pose a significant risk to public safety or national security, it is less likely that a waiver will be granted.
- Evidence of rehabilitation: Demonstrating a genuine commitment to rehabilitation, such as undergoing drug or alcohol treatment, participating in anger management classes, or engaging in community service, can help to mitigate the negative factors associated with the applicant’s inadmissibility.
How Long Can Someone on a Hranka Waiver Stay in the U.S.?
The duration of a person’s stay in the U.S. under a Hranka Waiver depends on the purpose of the visit, the type of nonimmigrant visa, and the discretion of the U.S. immigration authorities.
Generally, the length of stay allowed for a nonimmigrant on a Hranka Waiver aligns with the validity period of their nonimmigrant visa.
Here are some examples of how long a person with a Hranka Waiver could stay in the U.S. based on the type of nonimmigrant visa.
B-1 Business Visitor or B-2 Tourist Visa
Typically, B visa holders are granted an initial stay of up to 6 months, with the possibility of extension for another 6 months, for a total maximum stay of one year.
The actual duration of stay will be determined by the U.S. Customs and Border Protection (CBP) officer at the port of entry based on the purpose of the visit.
F-1 Student Visa
A person on an F-1 visa with a Hranka Waiver can stay in the U.S. for the duration of their academic program, plus an additional 60 days to prepare for departure or transfer to another school.
Additionally, F-1 students may be eligible for Optional Practical Training (OPT), which allows them to work in the U.S. for up to 12 months (or up to 36 months for certain STEM fields) after completing their studies.
H-1B Specialty Occupation Visa
H-1B visa holders can stay in the U.S. for an initial period of up to 3 years, with the possibility of extension for another 3 years, for a total maximum stay of 6 years.
In some cases, H-1B visa holders can extend their stay beyond 6 years if they are in the process of obtaining lawful permanent resident status (a green card).
L-1 Intracompany Transferee Visa
L-1A visa holders (executives and managers) can stay in the U.S. for an initial period of up to 3 years, with the possibility of extension in increments of up to 2 years, for a total maximum stay of 7 years.
L-1B visa holders (employees with specialized knowledge) can stay for an initial period of up to 3 years, with the possibility of extension for another 2 years, for a total maximum stay of 5 years.
To qualify for an L-1 visa, the applicant must have worked for a qualifying foreign employer for at least one continuous year within the past three years. The applicant must also be coming to the U.S. to work for a related U.S. employer in a managerial, executive, or specialized knowledge capacity.
J-1 Exchange Visitor Visa
The length of stay for a J-1 visa holder with a Hranka Waiver depends on the specific exchange program. Some programs may last only a few weeks, while others may last for several years.
Upon completion of the program, J-1 visa holders typically have 30 days to depart the U.S.
The actual duration of stay for a person with a Hranka Waiver is ultimately determined by the CBP officer at the port of entry. The CBP officer may grant a shorter or longer period of stay depending on the person’s circumstances and the purpose of the visit.
Additionally, the person’s stay must remain consistent with the purpose of their nonimmigrant visa, and any change in circumstances may require them to obtain a new visa or seek an adjustment of status.
Should I Hire a Lawyer for Help With a Hranka Waiver Application?
Given the complexity of immigration law and the discretionary nature of the Hranka Waiver, it is highly recommended that you consult with an experienced immigration lawyer. An immigration lawyer can help you understand your eligibility, gather the necessary documentation, and present a compelling case on your behalf. Additionally, they can provide valuable guidance throughout the application process, increasing your chances of a successful outcome.
LegalMatch is an online platform that connects individuals with experienced attorneys who practice in various areas of law, including immigration law. By providing a brief description of your legal issue, LegalMatch will match you with attorneys who have experience in handling cases similar to yours.
Once you have been matched with an attorney, you can review their profile and credentials before deciding whether to hire them. The matching process allows you to select an attorney whom you feel comfortable working with and who has the necessary experience to handle your case effectively.
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Use LegalMatch to help simplify the process of finding an experienced immigration attorney who can assist you with your Hranka Waiver application.
