The I-192 application form is issued by the U.S. Department of Homeland Security
It should be filled out by non-immigrants who have been or will be refused entry into the United States because of a criminal record
The I-192 application is officially titled the Application for Advance Permission to Enter as Nonimmigrant.
What Is an I-192?
An I-192 is required for those who have been or will be refused entry into the United States
If you have been denied entry or believe you will be denied entry and wish to enter the U.S.A. temporarily, you will likely require an I-192.
Individuals who have travelled previously without an I-192 may be surprised when they are later told they are inadmissible. These individuals, when caught, will be told that they must obtain an I-192 before attempting to enter the United States in the future.
|Travelling with a Criminal Record
- If you have a criminal record with multiple convictions
- If you have a criminal record with crimes of moral turpitude
|Overstay or Deportation
- If you have previously been removed / deported
- If you have overstayed a period of admission to the U.S.
I-192 for Non-Immigrants
I-192 requirements specify that the I-192 form is completed by inadmissible aliens in one of the following categories:
- Inadmissible non-immigrant already in possession of appropriate documents
- Applicant for T Non-Immigrant Status; for those who require immigrant protection as victims of human trafficking
- Applicant for U Non-Immigrant Status; for those who require protection as victims of criminal activity
Proof of citizenship must be submitted with your I-192 application.
I-192 and Crimes of Moral Turpitude
- As stated above, a conviction of a crime involving moral turpitude (CIMT) may render an individual inadmissible to the United States.
- The most common types of CIMTs are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.
- A determination of whether a specific crime constitutes a CIMT is complex; it may require review of the conviction, the statutory definition of the offense, and elements of the offense.
- I-192 instructions must be followed perfectly in every aspect to ensure that your I-192 application is not rejected
I-192 Application Fee
- An I-192 filing fee must be paid for every I-192 application submitted
- This fee is currently $585 USD
- This fee is non-refundable, and must be paid regardless of the end decision
- The I-192 form should be filed if you are an inadmissible alien as described under the Immigration and Nationality Act (INA) Section 212(a).
- The I-192 form and accompanying documents must be filed in advance of travel.
- The I-192 form will change periodically. To ensure that a form is valid, edition dates are found on each I-192 form in the lower right-hand corner.
- Individuals not familiar with the I-192 instructions and I-192 forms may omit documentation or complete forms incorrectly; this is why it is recommended that applicants enlist the professional assistance of companies such as American Waivers.
- If you are deemed inadmissible because of one or more criminal convictions, a statement must be submitted with your I-192 application form. This statement must list each crime separately with relevant details included. Official recors of each conviction and relevant documentation must also be submitted along with your I-192 application.
- Additional identification must be submitted when filing your I-192 (ie/ proof of citizenship)
- Additional requirements include supporting documentation (such as a written account demonstrating rehabilitation)
- Copies of previously-issued I-192 decisions are also recommended.
- When an I-192 Waiver is granted, it will state the permissible reasons for which the recipient may be entering the United States. In most cases, it will say "business and pleasure"; however, in some instances the activities may be restricted to "business only" or "pleasure only." For this reason, when completing the I-192 form, you must include all reasons for your request to travel into the U.S.A.
- If your I-192 waiver restricts you to "business only" and you are attempting a family vacation, you will be turned away.
I-192 and C-216C
- One of the first steps in the I-192 process is getting fingerprints taken to obtain from the RCMP verification of a criminal record, or lack thereof
- Fingerprints are submitted on Form C216-C, and the returned documentation must be dated and endorsed by the RCMP within 15 months of submission of the I-192 form
- If you have a criminal record in any other country's court system, you must also obtain a copy of the record or an official letter from the court of jurisdiction stating the reason why a copy of the record is unavailable.
I-192 and G-325A
- A second application form, G-325A, must be submitted along with the I-192 application
I-192 and I-212
- I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, must be completed by individuals who seek admission to the U.S. after having previously been removed for being unlawfully present
- Indiviuals who return or attempt to return to the United States without permission are inadmissible if they were removed from the US or had been unlawfully present in the U.S. for more than one year, in the aggregate.
- They are inadmissible for the period specified, depending on the basis of the prior removal and how many times they have been removed in the past.
I-192 Processing Time
- The Admissibility Review Office (ARO) I-192 processing time goals for waiver applications ideally fall within the following timeframes:
- 30 days I-192 processing time from the time forwarded from the post for I-192 Waiver applications received from the consular post.
- 90-120 days from the time of initial filing for I-192 Waiver applications for Canadian citizens.
- 75-90 days from the time of initial filing for subsequent I-192 Waiver applications for Canadian citizens.
I-192 Validity Period
- There is a time limit, the I-192 validity period, on each I-192 that is granted.
- An I-192 Waiver may be valid for anywhere between 1 - 5 years.
- It is recommended that the renewal process for an I-192 waiver be started 12-18 months before the waiver is set to expire
- Subsequent I-192 waivers are generally granted a longer validity period than an initial waiver
- Instructions for an I-192 renewal are the same as the initial process; however, additional requirements may apply such as including all previous I-192 decision documentation
- Processing times for I-192 renewals are shorter; the first I-192 application generally entail the longest processing time
- There are a number of steps in the I-192 process, all of which must be followed in the correct order, to exact standards.
- Unfamiliarity with I-192 instructions - specifically how to obtain documentation from the correct sources and how to ensure their accuracy - may cause an application to be denied or rejected
Do you need an I-192 Waiver?
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