Is a child eligible for a 212(d)(3) visa waiver if they have been deemed inadmissible?
A 212(d)(3) visa waiver is available to a child who is considered inadmissible to the United States. A child may be deemed inadmissible due to reasons of health, criminal history, false claims to U.S. citizenship, or other reasons. If the child is inadmissible due to any of these reasons, he or she may be eligible for a 212(d)(3) visa waiver. In order for a child to be eligible for a 212(d)(3) visa waiver, he or she must meet certain criteria. The child must be under 21 years of age and must be seeking entry solely to accompany a parent. Additionally, the child must be able to demonstrate that he or she will not become a public charge, does not have tuberculosis, and does not have any other serious medical condition that would make the child inadmissible. In addition to meeting the eligibility criteria, a child must also prove that his or her intended purpose in the U.S. is temporary. The child must be able to demonstrate that they will depart from the United States when their visa expires. Furthermore, a child may not be eligible if they are seeking permanent status in the U.S. In order to apply for a 212(d)(3) visa waiver, a child must submit all the required documents, including proof of identity and financial documents. The child must also pay a fee and may be required to attend an interview with an immigration officer. The application is reviewed on a case-by-case basis and if approved, the child will receive a 212(d)(3) visa waiver.
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