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Form I-192 for Waiving Inadmissibility
Have you been declared inadmissible by the U.S. immigration authorities? Do you also believe you have a good enough reason, with evidence, for your inadmissibility to be waived? There might be a way you can gain permission to enter the U.S.
You could do this by filing a Form I-192. Below we take a look at the type of people who are eligible for an I-192 and how to go about filing it.
What is I-192?
The Form I-192 is a document with which you can ask the U.S. government to waive your status of inadmissibility (this is where some kind of misdemeanor or instance is barring you from certain privileges). Its long official name is Application for Advance Permission to Enter as a Nonimmigrant. You need to convince the applicable immigration authority with your I-192 and with sufficient evidence that your “ban” may be lifted. But you first need to make sure you are eligible to file this form. Only certain groups of people may file it to gain permission to enter the U.S.
Who Needs to File Form I-192?
Only inadmissible aliens meeting specific eligibility criteria may ask U.S. immigration officials to “forgive” their inadmissibility. The eligibility criteria are quite complicated so we’ll break it down into two categories. Please note though, the scrutiny applied by the consular officers and immigration officials are extremely strict. They will consider every detail about your application for the waiver of inadmissibility to determine whether you are eligible for a Form I-192.
The first is simple, you need to be a nonimmigrant. This means you may not have any kind of intent to settle here. You must prove that you are moving back to your home country as soon as your permitted stay in the U.S. has concluded.
The second eligibility requirement has 4 main groups which we’ll list and discuss below. You need to belong to one of these 4 groups to be eligible for a Form I-192.
1. Possessing Valid U.S. Entry Documents
People in this group are eligible for an I-192 because they have a valid U.S. visa stamp in their passports. Such a person has applied for a visa at a U.S. embassy or consulate and has done so successfully. They most probably applied when they were still admissible or some other circumstances allowed them to get a visa.
An example would be if you have a specific disease that bars you from entering the U.S., but you have a visa that allows you to visit the country. You may have a case if you can convince the consular officer that you are visiting the U.S. to receive treatment that isn’t possible in any other country.
2. Beneficiaries of a T Nonimmigrant Status
The U.S. government grants a T nonimmigrant status to people who are victims of human trafficking. You may enter the U.S. temporarily with a T nonimmigrant status if you prove that:
- You are or have been forced or defrauded into sex trafficking, slavery, or similar bondage
- You are in the U.S. because of such activities
- You have complied with U.S. law enforcement to aid in the investigation and/or prosecution of human traffickers; and
- You would suffer extreme hardship involving unusual and severe harm if you were to leave the U.S.
If you comply with the requirements above you’ll be eligible for a T nonimmigrant status. Then if you are inadmissible you may be able to apply for a waiver through an I-192.
3. Beneficiaries of a U Nonimmigrant Status
Foreign nationals who comply with the following requirements are eligible for a U nonimmigrant status. They need to prove:
- They have suffered substantial mental or physical abuse as a result of being the victim of certain serious crimes
- Credible and reliable information showing they know the details of the crime against them
- They have been or are helping U.S. law enforcement investigate the crime; and
- The crime happened in the U.S. or its territories
4. Being a Canadian Citizen
Canadian citizens don’t need visas to visit the U.S. for temporary periods. But, a Canadian can still be inadmissible. You can file to enter as a nonimmigrant with a Form I-192 at the border, port, or airport you’ll be entering. You need to file your application at the relevant U.S. Customs and Border Protection (CBP) facility. Please file the form well in advance since the form needs some processing before your arrival.
Required Documents for I-192
Please note you’ll most probably need an immigration attorney to help navigate you through this complex application. Your unique situation will determine the documents required for a successful application. Using the expertise of an immigration attorney will help increase your chances of success.
Here are some of the documents required in various types of scenarios of a Form I-192 filing:
- A signed affidavit or declaration – Declaring any circumstances or crimes against you.
- Criminal records – As required in the cases where your inadmissibility stems from a criminal record.
- Medical records – Usually required in immigration processes but especially necessary when you have a communicable disease leading to your inadmissibility.
- Documents proving you cooperated with law enforcement – Especially required with T and U nonimmigrant visa statuses.
- Letters of support – From friends, family, and colleagues proving your case.
- Proper identification for you and your immediate family members – Birth certificates, passports, etc.
- Hardship evidence – Evidence that proves you endure extreme hardship because of circumstances beyond your control that also makes you eligible for an inadmissibility waiver.
Form I-192 Instructions
The process of completing an I-192 is extremely complex and would be impossible to explain it all here. You can follow online resources that explains how to complete the form and ask an immigration attorney how you should file your Form I-192.
Where to File I-192
You need to understand the circumstances of your situation. Your unique category of application for the waiver of inadmissibility will determine the address where you need to send your application. Ask your immigration attorney or follow the instructions provided on the USCIS website.
How Much Does I-192 Cost?
Most immigration-related filings have a filing fee. The Form I-192 has one also. The fee is $930 (as of 2019).
I-192 Fee Waiver
There are however certain instances wherein the fee is waived. Certain T or U nonimmigrant cases may be eligible for a fee waiver. Follow the instructions on the USCIS website to find some more information about fee waivers.
I-192 Processing Time
The processing time for an I-192 varies from case to case. The officials want it to take between 4 and 6 months but it can take longer.
Form I-192 FAQ
All these intricate requirements and talk of application forms may leave you with a few questions. Here are some answers that could help you down the line.
What is the Purpose of this Form?
Inadmissible people (barred from entering the U.S.) may apply for their inadmissibility to be waived. You need to prove with sufficient evidence with a Form I-192 that you are admissible. The I-192 helps to prove this to the U.S. immigration officials.
Who Should File this Form?
You are best served if a U.S. immigration attorney files it on your behalf. But the form may only be filed for people who fit into the eligibility requirements mentioned above.
People who fit the eligibility requirements of a Form I-192 can apply for their inadmissibility to enter the U.S. to be waived. This will help you gain a temporary entrance to the U.S., but you must return to your country of birth when your visit ends.
Make sure you fit into a category and apply today with your Form I-192.