When I was living in the U.S. in H-4 status, my husband and I mistakenly believed my status was automatically extended when his H1B extension was approved. By the time I learned I was supposed to file a separate H-4 extension, I had already overstayed by more than six months. I immediately left the U.S. and now wish to apply for a waiver to the 3-year bar so I can return H-4. Is there a particular form I need to fill to file this waiver application?

Answer

There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details about the waiver request and evidence supporting the request. (17.Sep.2025)

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