Form I-192: Application for Advance Permission to Enter as a Nonimmigrant

What is Form I-192?

An I-192 waiver is an application for advanced permission to enter the United States as a temporary nonimmigrant. This may be for a variety of reasons that include tourism, business, temporary work, or study.

The I-192 isn’t just for everyday nonimmigrants, though. It is reserved for those who have been deemed inadmissible by the United States government. This may be the result of criminal offenses, international offenses, or even contracted diseases. By submitting an I-192 you are asking the United States government to forgive you and deem you once again worthy of temporary immigration status. This loophole doesn’t apply to every country, and there is a slim margin of acceptance for such a waiver. In addition to being a nonimmigrant, you also need United States documentation to help chart your path.

Who Is Eligible to File an I-192?

You should fill out Form I-192 if you are an inadmissible alien. There are three major categories for this type of nonimmigrant status. They include:

• Inadmissible nonimmigrant already in possession of appropriate documents
• Applicant for U nonimmigrant status
• Applicant for T nonimmigrant status

Inadmissible Nonimmigrant Status

Inadmissibility can be reversed for conditions related to health, crime, security, labor, fraud, or unlawful presence.

The following are various reasons that may make someone inadmissible based upon the Immigration and Nationality Act:

• A health-related issue that could threaten others
• Conviction of a crime
• Drug trafficking
• Human trafficking
• Prostitution
• Violation of a religious freedom
• Money Laundering
• Espionage/sabotage
• Terrorism
• Membership in the Nazi party
• Committed torture, genocide, or killing of child soldiers
• Violated immigration law

Many of these offenses will leave you ineligible to receive an I-192. It is a good idea to discuss your potential inadmissibility with one of the experienced immigration attorneys at Scott D. Pollock & Associates before spending time or money on the process.

U Nonimmigrant Status

U Nonimmigrant Status is available to foreign nationals that have connections to serious crime in the United States. Examples are listed as follows:

• A person has suffered significant mental or physical abuse as a result of a crime.
• A person has significant information on a crime.
• A person has helped United States officials solve a crime.
• The crime a person is signifying towards happened in the United States or one of its territories.

Those qualifying for U status must submit their I-192 to either the U.S. Citizenship and Immigration Services (USCIS) Vermont Service Center or its Nebraska Service Center, depending on where they live.

Family members of those who qualify for U visas may be eligible for U-2 visas for spouses, U-3 for children, and U-4 for parents. According to USCIS, there is an 87% success rate with these types of applications.

A U visa can help you acquire permanent status in the United States through an I-485 application. In order to do this, you must have been legally admitted to the United States for at least three years since your U immigrant status was accepted. In addition to this, you must be in good graces with the United States in regards to family, humanitarian, and public interest.

T Nonimmigrant Status

T nonimmigrant status is similar to that of U. It is designated towards victims of human trafficking. Victims under the T status have a few different entry points into the United States. These temporary issuances include:

• A person who has been forced into sex trafficking.
• A person who is in the United States as a result of trafficking.
• A person who has aided U.S. law enforcement in the investigation of human trafficking.
• A person who would suffer extreme hardship or severe harm if they left the United States.

Those qualifying for T status must submit their I-192 to either the USCIS Vermont Service Center or its Nebraska Service Center, again depending on where they live.

Preparing Your I-192

Your I-192 must contain compelling information to verify that you qualify. In most cases, you must petition against what made you inadmissible in the first place. This means asking for forgiveness as you remind the government about what you’ve done. If you’ve committed a crime, you must explain the crime in detail, including why you were convicted.

Breakdown of Questions Posed on the I-192

• Name, date of birth, place of birth, present citizenship/nationality, present address, telephone number, and email address
• Past addresses
• Planned port of entry, type of transportation, date of entry, and length of stay
• The purpose for entering the United States
• Explanation as to why you are inadmissible
• Information on whether you previously filed as a nonimmigrant and when
• Explanation as to how long you’ve been in the United States and why
• Explanation as to why you may have applied for immigration status before
• Information about whether or not you have previously refused an immigration benefit awarded to you
• Information on any violations, crimes, or diseases contracted that might be on your record

What Things Must Be Submitted Along With the Application?

The following documentation must be included with the original copy of the I-192 application.

• Proof of citizenship
• A fingerprint card submitted electronically
• Criminal Record
• Medical Record
• Employment Record

What Things May Need to Be Submitted Along With the Application?

As far as immigration forms go, I-192s can be filled out with ease, specifically, if you are applying in the United States. Still, a large amount of documentation may be requested to support the application. The attorneys at Scott D. Pollock & Associates can help you go through which forms may be necessary. Below is a list of possible items you may need to draw from:

• Hardship evidence, which is paperwork examining how returning to your home country would cause you to experience distress or harm.
• Community service work, which is paperwork documenting your volunteer work.
• Birth certificates of family members in the United States who are lawful permanent residents. This may include your own children.
• Recommendation letters from friends, family, and community members.
• Police records showing you have been cooperative with law enforcement.

Sending in Your I-192

An I-192 must be filed before you plan to enter the United States. Electronic copies of the I-192 can be filed at U.S. Customs and Border Protection’s (CBP) Electronic Secured Adjudication Forms Environment page. Manual copies must be submitted in person at CBP-designated ports of entry. It is a good idea to reach out to a CBP-designated port of entry before you submit. List of entry ports can be found on the CBP’s official website.

Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands

Citizens of these locations should contact the United States Department of State to find out where to send their forms. Filing directions can be delivered via e-mail from the CBP/Admissibility Review Office (ARO). Processing is likely to take two to three months.

Canadian Citizens

 Canadian citizens do not need a United States visa to enter the United States. They only need a Canadian passport.

Fees for Filing the Form

Almost all forms of monetary exchange may be used when filing your I-192, including:

• Bank drafts
• Cashier’s checks
• Certified checks
• Personal checks
• Money orders

All of the above must be withdrawn from a United States financial institution and of use through United States currency. All fees must be payable to the CBP. Credit cards may work as well under the Visa®, Mastercard®, American Express®, and Discover® networks.

The fee depends on where you choose to submit your paperwork. It will cost $930 if you file with USCIS and $585 if you file directly with CBP.

Once Your I-192 is Approved

Once the ARO approves your I-192 you will receive an I-94 which states how long you are allowed to stay in the country and what you will be doing with your time there. You must carry it with you at all times. Most often you will be granted up to a year’s stay for business, pleasure, or both. If the ARO denies your application, you will be sent an explanation for your rejection.

Expired I-192

Once your I-192 expires you can submit it for a renewal of up to five years. Your immigration attorney will know the best time to apply for renewal so you are not in violation of any laws. Scott D. Pollock & Associates is always up to date when it comes to the timing of immigration paperwork.

Contact an Immigration Lawyer Today

The I-192 is a tricky waiver to master. It may appear to be simply a few pages to fill out, but it takes crafty wording, a deep knowledge of what the United States government deems forgivable, and an understanding of the timing it takes to submit your articles for inspection. You need an attorney that is skilled, compassionate, and hard-working. All three of those qualities can be found in abundance in the attorneys at Scott D. Pollock & Associates, P.C. Our firm is based in Chicago, but we have worked nationally to help clients resolve their immigration issues. A great deal of our work has been done with the U nonimmigrant visa since it was first created in 2000. We have a combined 70 years of experience, making us leaders in the field. We are here to work with you no matter what part of the application process you are currently in. Contact us at 312-444-1940 or visit our website today for more information.