By George Lake
Success Story: 1 Year B1/B2 Visa for a Previously Convicted Dutch National
Our client, a Dutch national, had a previous conviction on his record that made it difficult to apply for a non-immigrant visa to the U.S.. Prospective U.S. visitors can be denied entry into the U.S. based on different grounds of inadmissibility, and one of the criteria is having previous convictions and/or charges. Just because our client had a previous conviction, this does not automatically bar him from the U.S., immigration officers can assess criminal histories to see whether or not a person could pose a threat to the U.S.. Our client committed large scale financial fraud 9 years ago in the Netherlands and with the help of our firm, we were able to prove he wasn’t a threat to the U.S. by filing a 212(d)(3) waiver of inadmissibility.
The 212(d)(3) waiver is an affidavit of support that allows the U.S. government to waive most grounds of inadmissibility for nonimmigrant visas, including the B1/B2 visitor visa. The waiver can be approved through a consular officer’s recommendation and approval by the Customs and Border Protection’s Admissibility Review Office.
Financial fraud is typically classified as a “crime involving moral turpitude”, which normally makes someone inadmissible to the U.S.. However, a 212(d)(3) waiver lets a consular officer request discretionary permission to issue the visa anyway, weighing factors like the seriousness of the offense, how long ago it occurred, evidence of rehabilitation, and the reason for travel.
With the help of our firm, our client was able to secure a 1 year B1/B2 travel visa for the U.S.. The entire process took approximately 9 months from filing to visa in hand. We would like to extend a huge congrats to our client, who is now able to visit the U.S..
Navigating a 212(d)(3) waiver requires a nuanced understanding of how U.S. immigration authorities evaluate risk, rehabilitation, and eligibility. Even a single misstep in the application can result in significant delays or denial. At Blue Lake Law, we have extensive experience guiding clients with complex immigration histories, including prior convictions, through the waiver process from start to finish. We work closely with each client to build a compelling case that highlights their rehabilitation, ties to their home country, and legitimate purpose for travel, giving them the best possible chance of approval.
If you or someone you know has a criminal record that is creating obstacles to obtaining a U.S. visa, don’t assume your case is hopeless. Contact Blue Lake Law today to schedule a consultation and find out how we can help you take the next step toward visiting the United States.
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