Presidential Proclamation Waiver Template

By: Jessica Slind - Published on December 4th, 2017

WAIVER APPLICATION

United States Embassy

ADDRESS ABROAD

RE: Application for Waiver from “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

Applicant’s First Name: Maryam

Applicant’s Last Name: Mohammadi

Applicant’s DOB: JAN 1, 19XX

Case number: ABC##########

Dear Consular Officer,

I submit this waiver application because I seek admission to the United States. As this letter explains, denial of the visa would cause me undue hardship. It is in the United States’ national interest to allow me to (Give your reason here: join my American citizen-family in the United States, accept the offer of employment from XYZ Company, etc.). My entrance would not pose a threat to national security or the public safety of the United States. I respectfully request that you grant my waiver application and grant me a visa.

FACTUAL AND PROCEDURAL BACKGROUND

(You should go into some details about your case here: what your relationship is to the US, when you applied for a visa, when you received a receipt notice, when you had an interview, how long you have been waiting, etc.)

Sample: I have a son named Amir Mohammadi, a researcher at the University of Wisconsin, who recently had a baby girl. As an American citizen, Amir applied for me to immigrate to the United States in July 2015. His petition on my behalf was accepted by USCIS and, on April 25, 2016, Amir received a letter from NVC, informing him that they had received his request from USCIS and would schedule a visa interview for me. I traveled to my interview at the American consulate in Yerevan, Armenia, on November 29, 2016. At the interview, the consular officer requested no additional information, and I was told that my visa would be issued in a few months. Although this process generally takes about 3 to 6 months, more than 12 months have now elapsed since my interview, and I still have not heard any news regarding the status of my visa.

APPLICABLE LAW

On September 24, 2017, President Donald J. Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (hereinafter “Proclamation”), and made it effective as of 12:01 a.m. eastern daylight time on October 18, 2017. Proclamation, Sec. 7(b). The Proclamation imposed a suspension or limitation on the entry of, or issuance of visas to, “nationals from Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen” beginning on the effective date, but made provision for “case-by-case waivers” for individuals from those seven countries. Sec. 1(h)(ii); Sec. 2.

Under Section 3(c), the Proclamation specifies the following examples of situations when granting a waiver, and issuing a visa, is appropriate:

  • (You should only include the bullet points that apply to your situation. For example, if you are not a Canadian permanent resident applying for a visa within Canada, you can delete that bullet.)

  • “[T]he foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the applicable effective date . . . of this proclamation, seeks to reenter the United States to resume that activity, and the denial of reentry would impair that activity;”

  • “the foreign national has previously established significant contacts with the United States but is outside the United States on the applicable effective date … of this proclamation for work, study, or other lawful activity;”

  • “the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations;”

  • “the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship …;”

  • “the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;”

  • “the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee), and the foreign national can document that he or she has provided faithful and valuable service to the United States Government;”

  • “the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;”

  • “the foreign national is a Canadian permanent resident who applies for a visa at a location within Canada;”

  • “the foreign national is traveling as a United States Government-sponsored exchange visitor; or”

  • “the foreign national is traveling to the United States, at the request of a United States Government department or agency, for legitimate law enforcement, foreign policy, or national security purposes.”

A waiver may be granted under the Proclamation if, in the consulate’s discretion, a foreign national has demonstrated that (1) a denial of entry “would cause the foreign national undue hardship”; (2) his or her “entry would not pose a threat to the national security or public safety of the United States”; and (3) his or her “entry would be in the national interest.” Sec. 3(c)(i).

Because I meet the three requirements for a discretionary waiver under the Proclamation, the American Embassy in Armenia should exercise its discretion and grant me a waiver and, ultimately, a visa so that I may enter the United States and (rejoin my family, begin my employment with XYZ Company, etc.).

ANALYSIS

A denial of entry would cause undue hardship to me and to my American family.

(Explain here why a denial of your visa would cause you and your family or employer undue hardship.)

Sample: This situation has already caused me immense hardship. I have incurred substantial costs in traveling back and forth to Armenia. As a law-abiding person, I also went through the proper channels and paid all of the required fees to apply for my visa. These costs can be a significant burden, and because I am a retiree, they are costs that I can never recover. My 12 months in limbo has also taken a great emotional toll: I have been separated from my son and have not gotten to experience the joy of meeting my infant granddaughter. I want desperately to join my family and enjoy my retirement with my grandchild.

My son and his wife and daughter have also experienced significant hardship. Amir and his wife are both researchers; my infant granddaughter needs constant care and attention, which is very difficult to provide with their grueling schedules at the University of Wisconsin. All of their lives would improve immeasurably if their grandmother were there to provide love and support.

My son also suffers from asthma, which puts him in the emergency room every now and then. I have enclosed medical documents demonstrating the severity of his condition. It is an ongoing hardship for him to not have me by his side for support.

More examples of hardship that may apply to your situation:

  • Medical hardship: Health considerations, including inability of your home country to provide treatment, which can be argued on the basis of prohibitively high costs or inadequate/substandard treatment, hospital conditions, or availability of medicine

  • Education and professional development

  • Financial

  • Family and emotional support

  • Safety and future family

  • Best interests of children directly affected by decision

  • Family violence considerations

  • Factors in home country, including adverse country conditions, e.g., war; natural disasters; unfair treatment of minorities; political instability; lack of employment; widespread violence; discrimination based on race, political affiliation, or religion

  • Hardship for the employer: XYZ Company went through the process of obtaining a labor certification from the Department of Labor because it recognized that my skill in mechanical engineering is unique and is not found among American workers and that it would benefit the business to secure my expertise.

My entry would not pose a threat to national security or public safety.

(Explain why you are not a threat.)

Sample: I am a law-abiding person. I am older than 60, and have never had a single encounter with law enforcement. I have no criminal record and no ties to any terrorist organizations. I have made trips to the United States in the past—in 2002, 2005, and 2012—and I have always respected the laws of this country and left the United States as required. Further, I am a retired teacher who dedicated my life to nurturing young people. I in no way pose a threat to national security or public safety.

My entry would be in the national interest.

(Explain why your entry would be in the national interest.)

Sample: I seek to enter the United States to be reunited with my son and granddaughter and to provide the support that my American son and daughter-in-law need to continue contributing to the United States through their work as researchers and that my granddaughter needs to grow up happy and loved. It would be in the national interest to allow me to reunite with my family so that we may continue to contribute and find success in the United States.

My unique skill set will benefit XYZ Company and, in turn, the local economy. Because I already have a job lined up with XYZ Company, I will not require government money in the form of social services.

CONCLUSION

For all the reasons stated above, I am deserving of favorable discretion. I respectfully request that the consulate grant my waiver application and grant me a visa.

Sincerely,

                                                                                    Maryam Mohammadi