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07/30/2004 HEALTHCARE IMMIGRATION ALERT:
NURSES ENTERING U.S. WITHOUT A VISA SCREEN
***SPECIAL PRACTICE ADVISORY***
The U.S immigration laws permit the Attorney General to waive a requirement
of the immigration laws and allow a foreign national to enter the U.S. even
if the foreign national doesn't meet all the requirements. This provision of
the law is found in section 212(d)(3) of the Immigration and Nationality
Act. Hammond Law Group encourages clients to use this provision of the law
for any healthcare workers who are seeking to enter the United States but do
not have the required healthcare certificate law.
Purpose of the 212(d)(3) waiver: To permit an alien who is otherwise not
allowed to enter the U.S. to apply for permission to temporarily enter the
U.S.
Criteria for a 212(d)(3) waiver: The government will consider three factors
in determining whether to approve the waiver: (1) the risk of harm to
society if the foreign national is admitted; (2) the seriousness of the
foreign national's immigration or criminal violations, if any; and (3) the
reasons for wishing to enter the U.S.
Procedure for a 212(d)(3) waiver: Complete Form I-192 Application for
Advance Permission to Enter as a Nonimmigrant (available at the CIS website
at
http://uscis.gov/graphics/formsfee/forms/files/i-192.pdf) and submit it
along with $250 to the local CIS office with jurisdiction over the place
wher the foreign healthcare worker will enter or to the inspector at the
port-of-entry.
Cost: The cost for the waiver is $250 although the officer can require an
additional $70 for biometrics.
Note: a 212(d)(3) waiver is not guaranteed. It is within the discretion of
the Attorney General to decide whether the waiver should be granted. The
decision is made on a case-by-case basis.
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