For those applying for visas, times are bleak. Visa suspensions, pauses, bans, delays, denials. Consuls applying new over-the-top visa policies; targeting applicants who had no problems receiving visas in the past; and re-opening issues from 10/20/30 years ago, issues that had previously been reviewed and resolved. And so this is a good time to remember your visa rights.
ContinueFor years, applicants seeking nonimmigrant waivers under section 212(d)(3)(A) of the Immigration and Nationality Act could rely on one reassuring truth: once a waiver was granted, renewing it in the future was usually a formality. As long as the applicant abided by the terms of the visa—no unlawful work, no overstaying, no protracted stays, no criminal violations— the U.S. Department of State (DOS) would routinely recommend approval of subsequent waivers without revisiting the entire case from scratch.
That changed in February.
In a quiet but significant policy shift, the Department of State announced that it will no longer defer to prior nonimmigrant waiver approvals when evaluating new applications after the original waiver expires (typically after five years). In plain terms: even if you were approved before and abided by the terms and conditions of the visa, your next waiver request will be treated as a brand-new application. There is no longer any presumption of consistency or continuity.
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