At the Law Offices of Sabrina Li, P.C., we specialize in assisting clients facing complex immigration challenges. In a recent case, we successfully helped a Canadian national overcome a prior period of unlawful presence and secure a new E-2 investor visa through a 212(d)(3) nonimmigrant waiver, commonly known as a Hranka waiver.
In July 2022, the client—a Canadian citizen and single mother of two—was denied entry into the United States at Newark Liberty International Airport. Unbeknownst to her, she had overstayed the authorized period of stay granted under her previous E-2 visa by 322 days. Like many visa holders, she mistakenly believed the expiration date on her visa governed her legal stay in the U.S. However, her I-94—issued upon entry—only authorized a two-year stay.
This confusion, compounded by the COVID-19 pandemic, health concerns, and lack of proper legal counsel, led to an inadvertent overstay. As a result, she triggered a three-year bar to reentry under INA §212(a)(9)(B) and was deemed inadmissible to the United States. To complicate matters further, the original E-2 business through which she had obtained status had shut down, making an extension under the same entity impossible.
Rather than give up, the client took proactive steps. She established a new qualifying E-2 enterprise and retained our firm to guide her through the process of applying for a new E-2 visa, paired with a 212(d)(3) nonimmigrant waiver to address her inadmissibility.
We carefully reviewed the factual and procedural history and crafted a forward-looking legal strategy that emphasized her eligibility under the new business entity. Our team documented that the overstay was an honest mistake, stemming from misunderstanding, not willful violation, and demonstrated the client’s good faith and continued compliance with U.S. immigration laws.
We submitted both the E-2 visa application and the 212(d)(3) Hranka waiver to the U.S. Consulate in Toronto. After administrative processing and a thorough review, the waiver was granted, and the new E-2 visa approved.With visa in hand, the client lawfully reentered the United States, resumed her role as CEO of her new business, and reunited with her children—restoring the stability they had built together over several years.
This case underscores a common source of unintentional violation: confusing visa validity with the period of authorized stay. While an E-2 visa can be valid for up to five years, each U.S. entry only allows a two-year stay, as noted on the I-94. Overstaying beyond that date—even with a valid visa—can lead to serious consequences, including inadmissibility and bars to reentry.
In this case, the client’s misunderstanding was not uncommon, but its consequences were severe—fortunately mitigated through strategic legal advocacy and the availability of the Hranka waiver.
A Hranka waiver, formally known as a 212(d)(3) nonimmigrant waiver, allows individuals who are otherwise inadmissible to the United States to obtain a temporary (nonimmigrant) visa. This waiver is named after the landmark case Matter of Hranka, 16 I&N Dec. 491 (BIA 1978), which established the criteria for granting such waivers.
Under Section 212(d)(3) of the Immigration and Nationality Act (INA), the U.S. government has the discretion to waive most grounds of inadmissibility for nonimmigrant visa applicants. This includes individuals who have:
The waiver is discretionary, meaning approval is not guaranteed and depends on the specifics of each case.
If you or someone you know is facing inadmissibility issues related to unlawful presence or other grounds, and seeks to obtain a nonimmigrant visa such as the E-2, our experienced legal team can help navigate the complexities of the 212(d)(3) waiver process.For dedicated representation, contact us today at (213) 375-8096 or email us at info@sabrinali.law.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
