212(d)(3) for P-1 visa Consular Processing best practice case study

A boxing promotion tried to get a P1 visa for a Continental Heavyweight Champion professional boxer in late 2019.

Because of a conviction by juvenile court when the athlete was still a minor, there is no official entry on his adult criminal record.

The athlete proactively reported the juvenile crime to the US embassy during the consular processing interview. Ultimately, the consulate decided that he wouldn't be granted a visa but would have to go through the waiver program. 

Then Covid came and everything fell through and the waiver was never submitted to the consulate by the previous attorney.

What is your opinion on the whole situation and likelihood this individual would receive the P-1 visa? 

Introducing 212(d)(3) Waiver at Consulate Interview for P-1 visa after previous criminal conviction

I think that he will probably be successful. It would be a new P-1 visa application with a 212(d)(3) waiver. I would recommend starting the process to get the interview as soon as possible, so the explanation of what happened can be submitted in the 212(d)(3) waiver. The 212(d)(3) waiver would be brought with him to the consulate in addition to his appointment package. If they bring up the criminal issue, then he presents the waiver. The waiver is not presented automatically. 

This will probably place him in administrative processing if they do ask about the previous criminal issue. This waiver will be sent to the Department of State in Washington for closer inspection. The timing of this is in their hands. We find that it typically takes about a month to review the waiver. If it lingers, a congressional inquiry can prove helpful.