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Phoenix Immigration Lawyer

What Are the Qualifications for Waiver Form I-192 in Arizona?

People seeking admission under the Visa Waiver Program (VWP) under Immigration and Nationality Act (INA) section 217 cannot file this form but instead must apply for nonimmigrant visas at a United States Embassy or Consulate for authorization to travel, and anybody needing help with an I-192 waiver will want to work with a Phoenix form I-192 waiver attorney.

If you are declared inadmissible by immigration authorities but believe you have a reason for the inadmissibility to be waived, Form I-192 can give you permission to enter the United States. Grounds of inadmissibility are in INA section 212(a).

Who Needs to File I-192 Forms in Phoenix?

A Form I-192 allows people to ask the federal government to waive a status of inadmissibility, such as a misdemeanor or other issue barring a person from certain privileges. You can use Form I-192 along with sufficient evidence to show there should be a lift on a ban, but you need to ensure you are eligible to file this form because only certain groups of people can file it.

Only inadmissible aliens who meet specific eligibility criteria can ask immigration officials to waive their inadmissibility. Eligibility criteria can be complicated, and the scrutiny that consular officers and immigration officials apply may be very strict.

Immigration officials will consider every detail of an application for the waiver of inadmissibility to determine whether a person is eligible for a Form I-192. The first requirement is simple enough with an applicant needing to be a nonimmigrant.

Being a nonimmigrant means a person does not have any kind of intent to settle here. This means having to prove that you will be moving back to your home country as soon as your permitted stay in the United States concludes.

Next, you will have to belong to one of four groups to be eligible for a Form I-192:

  • Person Possessing Valid U.S. Entry Documents — Individuals can be eligible for an I-192 when they have valid U.S. visa stamps on their passports. Such people have applications for visas at United States embassies or consulates and have done so successfully. Many presumably submitted applications while they were still admissible or other circumstances allowed them to get visas.
  • Beneficiaries of T Nonimmigrant Status — The T nonimmigrant status applies to individuals who are victims of human trafficking, and people can enter the United States temporarily with a T nonimmigrant status when they prove that they are or have been forced or defrauded into sex trafficking, slavery, or similar bondage, they are in the United States because of such activities, they have complied with federal law enforcement to aid in the investigation and/or prosecution of human traffickers, and they would suffer extreme hardship involving unusual and severe harm if they were to leave the United States.
  • Beneficiaries of a U Nonimmigrant Status — The U nonimmigrant status applies to people who have suffered substantial mental or physical abuse as a result of being the victim of certain serious crimes. In addition, there must be credible and reliable information showing they know the details of the crime against them, they have been or are helping federal law enforcement investigate the crime, and the crime must have happened in the United States or its territories.
  • Being a Canadian Citizen — Canadian citizens do not need visas to visit the United States for temporary periods but can still be inadmissible. They may be able to file to enter as nonimmigrants with a Form I-192 at the border, port, or airport where they will be entering. Such people will need to file applications at the relevant United States Customs and Border Protection (CBP) facility. You will want to file this form well in advance since the form requires processing before arrival.

Phoenix Immigration Lawyer Explains The Required Documents For an I-192 Application

A Form I-192 application needs to include the following documentation:

  • Evidence of citizenship.
  • A completed Form I-192 you have signed and submitted.
  • A properly executed Form G-28 needs to be included with the application if you are retaining an authorized person to represent you on your specific application.
  • U.S. Fingerprint card FD-258 or electronically captured fingerprints completed by a United States CBP Officer at the time of submission of your application.
  • When you have a criminal record in any other country’s court system, you have to obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
  • Canadians can obtain verification of their criminal records or evidence of a lack of criminal records from the Royal Canadian Mounted Police (RCMP) by submitting their fingerprints on Form C216C. A returned Civil Product and any accompanying records have to be dated and endorsed by the RCMP within 15 months of submission with a Form I-192.
  • A copy of an official court record from the actual court of conviction indicating plea indictment, conviction, and disposition for each and every crime committed anywhere in the world.
  • When a person is inadmissible to the United States because of a criminal conviction, they should submit a statement in their own words, signed by them, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. In addition, they should also submit any evidence or explanation of their reformation of character or rehabilitation, such as counseling or rehabilitation programs completed, current employment, marital status, and community service, as well as any other information they want to be considered and believe strengthens their request.
  • If a person is inadmissible for one of the health-related grounds identified in the INA, such as being a drug user or addict, they will have to provide evidence of treatment or rehabilitation. Evidence can include, but may not necessarily be limited to a recent drug test, credible, verifiable evidence related to a rehabilitative history, a statement from an applicant making clear their commitment to refrain from unlawful use of controlled substances, credible, verifiable evidence outlining a person’s program for substitution therapy or treatment or continued care relative to their drug use or addiction if allowed to enter the United States.
  • If a person is found inadmissible under section 212(a)(9)(B) of the INA, unlawfully present in the United States, they will have to submit detailed information concerning current foreign employment, previous United States employment, family members presently living in the United States, past and current the United States or foreign business investments, any and all ties the person has to their present foreign country/residence.

Where to File Your I-192 in Phoenix

Inadmissible nonimmigrants who already possess appropriate documents can submit their application with United States CBP in advance of their date of intended travel to the United States. Filing of the application will generally be done in person at a CBP-designated port of entry or a CBP-designated preclearance office, although CBP-designated Preclearance Offices are no longer accepting Form I-192 and Form I-212 applications for processing.

Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands must contact the nearest consulate of the United States Department of State to receive instructions on where and how to submit this form. They can also receive filing instructions by emailing the CBP/Admissibility Review Office (ARO) at aro.inquiry.waiver@cbp.dhs.gov.

Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands will be able to file and pay for the Form I-192 application online using the Electronic Secured Adjudication Forms Environment (e-SAFE). Nonimmigrants who electronically filed via e-SAFE and completed biometrics at ports of entry receive confirmation emails when applications go through submission to CBP.

e-SAFE allows you to check the status of your application, receive electronic communications, and receive electronic notification of a decision. Processing times will range from 60 to 90 days from the day of completion of biometrics.

Applicants for T Nonimmigrant Status who are inadmissible must file Form I-192 with the United States Citizenship and Immigration Services (USCIS) at the Vermont Service Center. Their address is:

USCIS-Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001

Applicants for U Nonimmigrant Status, regardless of whether they are currently present in or outside the United States and who are inadmissible, must file Form I-192 with USCIS at the Vermont Service Center at the same address listed above.

Most immigration-related filings also have filing fees, and Form I-192 involves a fee of $930. If you are filing Form I-192 with CBP, then the filing fee will be $585.

People can circumvent service fees when they qualify based on USCIS requirements. The I-912, Request for Fee Waiver is a form you will have to file for USCIS to determine your eligibility.

In certain cases, USCIS may also accept a letter detailing a request for the waiver along with supporting evidence. If the request is approved by USCIS, you will not have to pay any filing fees, and your application will be processed, but denial could lead to you receiving a letter from USCIS stating that you will have to pay the fee in order for your application to be processed.

To be eligible for any kind of fee waiver, a person will have to demonstrate:

  • An applicant or their spouse is the head of the household and currently receiving a means-tested benefit such as the Supplemental Nutrition Assistance Program (SNAP), Medicaid, housing benefits, employment allowance, or Supplemental Security Income (SSI).
  • An applicant’s household income is either at or below 150 percent of the Federal Poverty Guidelines at the time of their filing.
  • The applicant is facing a provable financial hardship, such as unexpected medical expenses.
  • The form the applicant is requesting the fee waiver for is an I-90, Application to Replace Permanent Resident Card, an I-129, Petition for Nonimmigrant Worker, if the applicant is applying for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23), an I-485, Application to Register Permanent Residence or Adjust Status, which qualifies only if the applicant is applying for lawful permanent residents (LPR) status based on a category exempt from the public charge grounds of inadmissibility of section 212(a)(4) of the Cuban Adjustment Act, Haitian Refugee Immigration Fairness Act, they have been continually living in the United States before January 1, 1972, or they have asylum status or special Immigrant Juvenile status or similar category, a biometric services fee, an I-131, Application for Travel Document (only if applying for humanitarian parole), an I-191, Application for Advance Permission to Return to Unrelinquished Domicile, an I-192, Application for Advance Permission to Enter as Nonimmigrant (only if you are exempt from the public charge grounds of inadmissibility), an I-193, Application for Waiver for Passport or Visa (only if you are exempt from the public charge grounds of inadmissibility), an I-290B, Notice of Appeal or Motion (only when an underlying application was fee exempt, waived or eligible for the fee waiver), an I-539, Application to Extend/Change Nonimmigrant Status (only if you are applying for a benefit request specified by section 245(l)(7) of the INA or applying for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23), an I-601, Application for Waiver of Grounds of Inadmissibility (only if you are exempt from the public charge grounds of inadmissibility in section 212(a)(4) of the INA), an I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act (only if the underlying application was fee exempt, waived or eligible for the fee waiver), an I-751, Petition to Remove Conditions on Residence, an I-765, Application for Employment Authorization, unless filing under category (c)(33), Deferred Action for Childhood Arrivals, an I-817, Application for Family Unity Benefits, an I-821, Application for Temporary Protected Status, an I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, an N-300, Application to File Declaration of Intention, an N-336, Request for a Hearing on a Decision in Naturalization Proceedings, an N-400, Application for Naturalization, an N-470, Application to Preserve Residence for Naturalization Processes, an N-565, Application for Replacement of Naturalization/Citizenship Document, an N-600, Application for Certification of Citizenship, or an N-600K, Application for Citizenship and Issuance of Certificate under Section 322.

Call Us Today to Schedule a Free Consultation with Our Phoenix Immigration Lawyer

If you need any kind of help with filing a Form I-192 waiver in the greater Phoenix area, you are going to want to be sure to retain legal counsel. Diamondback Legal has a wealth of experience handling all kinds of immigration law issues, so we know how to help people achieve the most favorable outcomes for their unique cases.

Our Phoenix Immigration Lawyer will make ourselves available to you 24 hours a day, seven days a week, so you will never be left alone. Call us at (602) 609-6534 or contact us online to receive a free consultation so we can hear your full story, provide an evaluation of your case, and then lay out all of your legal options so you can know what options you will have.

 

 

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