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The I-192 waiver allows ineligible nonimmigrant aliens to apply for a temporary permit to enter the US. It can be used by those with criminal records, previous expulsions, or illegal presence. T and U nonimmigrants can also apply. The application requires personal information, previous stays, and reasons for inadmissibility. T and U nonimmigrants are exempt from certain questions and fees.
An I-192 waiver is a form that allows an ineligible nonimmigrant alien to apply for an advance permit to temporarily enter the United States. The waiver is used by people who know or suspect they are otherwise ineligible in the United States. Anyone applying for any type of nonimmigrant visa can apply for the waiver. The application is made through the US Department of Homeland Security and filed with US Customs and Border Protection.
A common reason for a nonimmigrant alien’s ineligibility to enter the United States is a criminal record in the person’s home country. A previous expulsion or expulsion from the United States is also grounds for inadmissibility. Past fraud in obtaining a US visa or illegal presence in the US for more than six months can also result in ineligibility.
The I-192 waiver application can be filed by an ineligible nonimmigrant who already has the appropriate documents to apply for admission. Applicants for “T” or “U” nonimmigrant status can also apply for a waiver. Ineligible nonimmigrants from countries that are part of the U.S. Visa Waiver Program do not use Form I-192 and must apply for an ineligibility waiver with the U.S. embassy in their home country.
Non-immigrant status refers to victims of human trafficking who are willing to assist law enforcement agencies in trafficking investigations and prosecution of offenders. The applicant must have been a victim of serious human trafficking. Status T also requires the applicant to be physically in the United States due to trafficking.
U nonimmigrant status is available to victims of crime who have been physically or emotionally abused and are willing to assist in the investigation and prosecution of criminal activity. The applicant must have information useful for the investigation. The activity must have taken place in the jurisdiction of the United States and violated its laws.
The I-192 waiver application requires the applicant’s contact information and last five places of residence. You must also include a desired US port of entry and date of entry. The form asks the applicant to indicate the length of stay and the purpose of the visit. It must also provide the reasons why he believes he is inadmissible in the United States.
Applicants must also list previous stays in the United States of more than six months and whether they have previously applied for immigration benefits. They must state whether they have ever been refused immigration or had their visa revoked. Details of any previous criminal records, including arrests, are requested in the application.
Particular consideration is given to applications from nonimmigrants with T and U status. They do not need to respond to questions about previous stays, benefits, visa revocations, or criminal records. The I-192 exemption filing fee is also waived.
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