Pursuant to INA 212(d)(3)(A)(ii), Canadian citizens who are ineligible for entry to the U.S. and are interested in entering the U.S. for purposes other than immigration have the option of applying for a waiver to overcome their inadmissibility. This waiver application includes the submission of Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, as well as any necessary corroborating documentation. Canadian citizens should submit their application to U.S. Customs & Border Protection. (For information on how foreign nationals and permanent Canadian residents can apply for a waiver, please see INA 212(d)(3)(A)(i) Waiver.)
Except for national security grounds and drug trafficking, there are waivers for all forms of inadmissibility.
However, it is important to note that waivers are granted in the exercise of discretion, which involves evaluating the positive and negative aspects of an applicant’s case. As a result, even someone who meets the requirements may not be granted a waiver if it is determined they do not merit one.
Any applicant who is submitting an I-192 application should be sure to offer as many positive factors as possible to overcome negative aspects of his or her inadmissibility grounds. Matter of Hranka, the Board of Immigration Appeals (“BIA”) identified three issues to consider when determining whether or not an application should be granted. They include:
l The reason the applicant has a desire to enter the United States
l The potential risk of harm to society if an applicant is allowed to enter
l The seriousness of any previous immigration or criminal law violations made by the applicant, if any.
Filing Your Application
Anyone filing an I-192 with the U.S. Customs and Border Protection (CBP) should do so well in advance of the date they plan to travel. The application should be filed in person at a CBP-designated preclearance office (for example, the Toronto Pearson Airport) or a CBP-designated port of entry (for example, Buffalo, NY’s Peace Bridge Port). Application processing typically takes an average of 4 to 8 months.
When the I-192 application, as well as any supporting documentation, is submitted, the applicant is required to pay the application filing fee and be fingerprinted.
Application Materials Needed
In addition to your I-192 application, you should have the following:
l Proof of your identity and citizenship, such as your passport biographic page
l Form G-325A, Biographic Information
l If an attorney is representing you, Form G-28, Notice of Entry of Appearance as Attorney or Representative
l Either an official police record or verification that you do not have a record from your nationality or country of residence. Canadians can attain this information from the Royal Canadian Mounted Police (RCMP) by submitting their fingerprints with Form C-216C.
l A copy of any I-192 decisions, either favorable or otherwise, made in the past
l If you have been deemed inadmissible in the past or could be this time, written documentation detailing character reformation and rehabilitation
Processing of Your I-192 Application
Once the CBP has received your application, it will be forwarded to the Admissibility Review Office (ARO) for processing. Typically, it takes between six and eight months to adjudicate applications, those processing times do vary. As a result, it is imperative that you submit your waiver application as early as possible to ensure you have a response before your planned travel date. In certain emergency situations, a foreign national may need to enter while his or her application is still in the pending stage. If this occurs, depending on the specific reason he or she needed to enter the U.S., he or she may be able to apply for parole to gain entry.
Approval of Your Application
If an application is approved, a Form I-194 will be issued to the Canadian citizen. He or she must carry this form with them when seeking entrance into the U.S. The waiver approval notice is initially issued by the ARO for a period of one year. Subsequent renewals may be approved for anywhere from two to three years, with a maximum period of five years.
If a Canadian citizen is deemed inadmissible, he or she may require waivers for several years (for example, until a lawful presence bar expires) or for the rest of their natural life.
We offer comprehensive services, including preparing the I-192 application, collecting the needed documents/ information from our client, and organizing a complete packet detailing the client’s eligibility for the non-immigrant waiver. This includes a legal brief detailing the client’s background, as well as an analysis of how the client meets each of the factors defined in precedent case law.