Department of State (DOS) Makes Changes Impacting 212(d)(3) Waiver Recommendations

Author: Angelita Chavez

The Department of State (DOS) has updated the Foreign Affairs Manual (FAM) as to INA 212(d)(3)(a) waiver recommendations in accordance with an Executive Order issued January 20, 2025.

What is a 212(d)(3)(a) Waiver? An INA 212(d)(3)(a) waiver waives certain grounds of inadmissibility of applicants of nonimmigrant visas to the United States (US). This waiver is submitted to the Admissibility Review Office (ARO) for processing and waivable grounds include unlawful presence.

Why are these Changes Significant?

Previously, the FAM required Consular Officers to be consistent in providing recommendations for approval of 212(d)(3)(a) waivers to the ARO. Under the new guidance, Consular Officers are directed to consider each waiver as if it were new and provides that no consideration will be made for prior waiver approvals.

Specifically, the guidance states that officers should not provide “undue deference or rely solely on a previous officer’s decision.” (9 FAM 305.4-3(D) (U).

Conclusion: The change to the FAM was published February 26, 2025, and impacts future INA 212(d)(3) waiver applications submitted under this new guidance.

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