An I-192 waiver is a form that allows an inadmissible nonimmigrant alien to apply for advance permission to enter the US temporarily. The waiver is used by persons who know or suspect they are not otherwise admissible into the US. Anyone applying for any type of nonimmigrant visa may apply for the waiver. Application is made through the US Department of Homeland Security and filed with US Customs and Border Protection.
A common reason for the inadmissibility of a nonimmigrant alien into the US is a criminal record in the person’s home country. A previous deportation or removal from the US is also a ground for inadmissibility. Past fraud in obtaining a US visa, or unlawful presence in the US for more than six months may also result in inadmissibility.
Application for an I-192 waiver can be filed by an inadmissible nonimmigrant who is already in possession of appropriate documents to seek admission. Applicants for “T” or “U” nonimmigrant status may also apply for a waiver. Inadmissible nonimmigrants of countries that are part of the US visa waiver program do not use form I-192 and must apply for a waiver of inadmissibility at the US Embassy in their home country.
T nonimmigrant status refers to victims of human trafficking willing to assist law enforcement in investigating the trafficking and the prosecution of the offenders. The applicant must have been a victim of severe human trafficking. T status also requires that the applicant be physically in the US because of the trafficking.
U nonimmigrant status is available to victims of crime who have suffered physical or emotional abuse and are willing to assist in the investigation and prosecution of the criminal activity. The applicant must have information helpful to the investigation. The activity had to have taken place in the jurisdiction of the US and violated its laws.
The I-192 waiver application requires the contact information of the applicant and the last five places of residency. A desired US port of entry and an entry date must also be included. The form asks that the applicant state the length of the stay and the purpose for the visit. She must also give the reasons she believes that she may be inadmissible into the US.
Applicants must also list previous stays in the US for longer than six months and whether they have previously applied for immigration benefits. They must state whether they have ever been refused immigration or had a visa revoked. Details of any criminal history, including arrests are required in the application.
Special consideration is given to the applications of T and U status nonimmigrants. They need not respond to the questions about previous stays, benefits, visa revocations, or criminal history. The I-192 waiver filing fee is also waived.
