Even if no specific waiver exists, it is still possible in most cases to obtain a waiver of inadmissibility permitting the alien to enter the United States for nonimmigrant purposes. Under INA §212(d)(3), an alien who is excludable other than for security and related grounds (with the exception of export violations), foreign policy grounds or participation in Nazi persecution or genocide may be admitted temporarily as a nonimmigrant despite his or her inadmissibility.

In Matter of Hranka, 16 I&N Dec. 491 (BIA 1978), the Board of Immigration Appeals determined the criteria for an application under INA §212(d)(3). The three criteria considered are:

1. the risk of harm to society if the applicant is admitted;

2. the seriousness of the applicant's prior violation(s) of immigration or criminal law, if any; and

3. the nature of the applicant's reasons for seeking entry.

Until October 1, 2002, waivers of inadmissibility under INA §212(d)(3) were valid for up to a maximum of one year. However, since that date it is possible to apply for a waiver of up to five years.