How can we get a visa waiver for my brother? 10 Answers as of January 20, 2012

There is not sufficient information in your question for us to intelligently advise. The fact that his passport was marked with 8 CFR 217.4 seems to indicate that he was not admissible for some reason. While the law provides for the waiver in most grounds of inadmissibility, waiver is not available in some specific circumstances. In anyway, his last attempt of entry was more than 10 years ago, You may speak with an immigration attorney to further discuss his case.

It seems that your brother is admissible for some reason; generally, it is because he has a criminal conviction, or violated some immigration law. Depending on his violation or reason for inadmissibility, a waiver maybe available. You may contact my office for a free consultation, or another attorney to determine whether he would be admissible based on your brother's particular factors.

A waiver of what? He was told to obtain/apply for a visa to visit the US. That is what he needs to do by going to the US Embassy in his home country and applying for one.

Waivers are interesting and complicated. It may be a waiver is needed, or the issue may be something more basic about entry to the U.S. I can't answer about the possibility to get one without meeting you and your brother. You should seek further help from an attorney who practices US immigration law.

Your brother will need to apply for a non-immigrant visa at the local U.S. Embassy or Consulate. At which point, they will determine he needs a waiver due to the inadmissibility. He will then apply for the waiver. How long the process will take and what he will need to prove will hinge on what exactly he did when he tried to enter at Buffalo. He will need to truthfully explain his actions and the reasons he did what he did. He will also need to explain why he wishes to travel to the U.S. and that he has ties to his home country.

In the eyes of the customs agent something was wrong with your brother's travel documents (passport) and the agent had discretion to deny him entry. If your brother didn't have a proper visa, that would be a reason. Not sure why you think he needs a waiver. Was your brother in the US before and was removed? If that is not the case, all he should do is follow the agent's recommendation get a proper visa. Wherever your brother is residing currently, he should go to the American embassy and request a visa to enter the US.

If he was just told to get a visa he may not need a waiver. Was he given an expedited removal order or just told to get the visa? A visa can be obtained at the consulate. He will need to show he intends to return to his home country, strong ties, job, school or whatever. Ha she overstayed in the past? Has he come frequently?

Your brother told you about the notation in his passport, but I suspect that forgot to mention that he also gave a sworn statement to U.S. Customs & Border Protection ("CBP") when they turned him around. I wouldn't hazard a guess as to whether he needs, qualifies, or should get a waiver until I saw that sworn statement he gave to CBP. It is key to determining why he was not allowed in. I also suspect there is some history involved; had he previously spent extensive time in the USA, or overstayed? Get the statement from your brother and then you're welcome to call my office and set up a consultation. I wouldn't be too concerned with cost at this time; a threshold question isn't "how much will it cost;" a better question would be "is it possible."

That is a general refusal for entry and is not considered a removal or deportation order. It does not appear that this is a fraud determination either. For that reason, he can try to register under the ESTA program. He needs to disclose the refusal of entry. If the ESTA system refuses him, then he needs to obtain a B-2 visitor visa from the US consulate in his jurisdiction. He will need to show strong ties to his country and a legitimate reason for entry to the US.

There is no waiver for your brother in this situation. He needs to do exactly what they told him at the border; to apply for visitor visa (unless he is a citizen of Visa Waiver Program country; EU is not a legal entity for admission purposes) at his country of residency. You on the other hand can help him to convince consular officer that your brother does not have immigrant intent by supplying your brother with letter describing his agenda, lodging, traveler insurance information and other similar paperwork. An immigration attorney can advise you and help to prepare your brother for consular interview. You can also petition for immigrant visa for your brother however this process will take many years for the visa number to become available. Petitioning for your brother's immigrant visa does not preclude him from applying for visitor visa as well. Good luck!