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Brian Luke Community Blogger, WGRZ-TV

Thursday, November 25, 2010

Form I-192: Application for Advance Permission to Enter as Non-Immigrant

Form I-192: Application for Advance Permission to Enter as Non-Immigrant There are many reasons why a person may be ineligible to enter the United States. The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below. (more)


Form I-192: Application for Advance Permission to Enter as Non-Immigrant
There are many reasons why a person may be ineligible to enter the United States. The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below. This information should not be interpreted to be a comprehensive list of reasons you may be denied entry into the United States. ( Legal Descriptions ) In general, you might be denied entry:
  • If you have a communicable disease,
  • If you have a criminal record for crimes of moral turpitude,
  • For possession of or trafficking in a controlled substance,
  • If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),
  • If you have trafficked in persons,
  • If you have been involved in money laundering,
  • If you have been previously removed (deported) or have overstayed a previous period of admission to the United States
This list is not comprehensive. Please refer to the legal descriptions link for the complete list. ( Legal Descriptions )
The list of crimes of moral turpitude that are reasons for exclusion from the United States is also quite detailed. ( List of Crimes of Moral Turpitude ) The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.
Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, or you are a nonimmigrant with appropriate documents who subsequently becomes inadmissible, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of US $585.00 per application regardless of the decision.
The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A) of the Immigration and Nationality Act (INA)], is on the U.S. Citizenship and Immigration Services’ web site, as well as instructions for filling it out. The Form I-192 can be downloaded at the U.S. Citizenship and Immigration Services Immigration Forms website. ( Form I-192 ) This form should be filed with CBP if you are an inadmissible visa-exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation). Only forms with the expiration date 11/30/2009 in the upper right hand corner are acceptable. After February 20, 2009, older versions of the form cannot be used.
If you are an applicant for T nonimmigrant status or an applicant for U nonimmigrant status and you are inadmissible, you should file your Form I-192 with U.S. Citizenship and Immigration Services.
Landed Immigrants and certain Canadians who require a visa (e.g. for E, K, or V status applicants) to enter the United States, but are ineligible for one of the reasons previously mentioned should contact a local United States Consulate to discuss their situation. Likewise, citizens of other countries may discuss waivers of ineligibility with a consular officer if they are likely to be denied entry for one of the previously mentioned reasons. Consular officers may recommend a waiver for certain ineligible visa applicants.
The Form I-192 application package must include the following:
  1. Evidence of your Citizenship.
  2. Completed form I-192 signed and submitted by you (no copies).
  3. A properly executed Form G-28 must be included with the application if you have retained an authorized person to represent you on this specific application. ( Form G-28 )
  4. U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
  5. A Form G-325A completed and signed by you. Please ensure that all copies of this form are legible. ( Form G-325A )

    Canadians: You can obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website. ( RCMP )   Do not submit the Form I-192 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.
  6. If you have a criminal record in any other country's court system, you must also 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.
  7. A copy of the 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.
  8. If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. Additionally you should submit any evidence or explanation of your reformation of character or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.
  9. If you have been found inadmissible under section 212(a)(9)(B) of the Immigration and Nationality Act (unlawfully present in the United States) please submit detailed information regarding:
    • Current foreign employment.
    • Previous U.S. employment.
    • Family members presently living in the United States.
    • Past and current United States and/or foreign business investments.
    • Any and all ties you have to your present foreign country/residence.
In Summary: The Form I-192 and accompanying documents are filed in advance of travel and is limited to the class of aliens where a nonimmigrant visa is not required or an inadmissible nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. Most citizens of Canada may use this form and submit their application at a major Port of Entry at the U.S. Border or a CBP Preclearance office in Canada

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Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Effective November 23, 2010, CBP will only accept the revised Form I-212 which has the 11/23/10 revision date. Furthermore, the applicant will be required to pay the new fee of $585.00 if an application is filed on or after November 23, 2010.
This application or form is for a particular inadmissible immigrant and nonimmigrant population that is seeking permission to reapply for admission into the United States (also known as “consent to reapply”) after they have been excluded, deported, or removed from the United States or had been unlawfully present in the United States for an aggregate period of more than 1 year, and subsequently entered or attempted to reenter the United States without being admitted.
There are three pertinent sections in the Immigration and Nationality Act (INA) that address the above referenced nonimmigrant and his/her need to obtain consent to reapply in advance of applying for admission into the United States. The three noted sections are §212(a)(9)(A) ( INA §212 ) , §212(a)(9)(C) ( INA §212 ) and §276. ( INA §276 ) If any of the noted sections apply to you and you are not required to obtain a visa to enter the United States as a non-immigrant, you may file Form I-212 at a U.S. Customs and Border Protection (CBP)-designated port of entry or a CBP-designated preclearance office. The Form I-212 and accompanying documents must be filed in advance of travel.
  • Nonimmigrant visitors who require consent to reapply and need a visa to enter the United States as a nonimmigrant should contact the nearest United States Embassy or Consulate.
  • Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands may contact the nearest consulate of the U.S. Department of State to receive instructions on where and how to submit this form.
  • If you require consent to reapply and are inadmissible to the United States because of additional reasons (for example, having; a communicable disease, criminal record for crimes of moral turpitude, or a violation of any controlled substance law), you may also have to file a Form I-192 in conjunction with a Form I-212. Both Forms I-212 and I-192 may be downloaded at the U.S. Citizenship and Immigration Services Forms website. ( U.S. Citizenship and Immigration Services )
  • In addition to the required evidence stated on the revised Form I-212 Instructions, the following additional information/documentation should be submitted with the Form I-212
    • Evidence of Citizenship.
    • Any supporting documentation.
    • U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
    • A Form G-325A completed and signed by the applicant. Please ensure that all copies of this form are legible.
    • A properly executed Form G-28 must be included with the application if the alien has retained an authorized representative.
    • Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from the applicant’s country of residence or nationality. This record is valid for 15 months.
Canadians: You can obtain verification of their criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting their fingerprints on Form C-216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with the Form I-212. For instructions, addresses and payment information, please visit the RCMP website. Do not submit the Form I-212 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.

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Form I-824: Application for Action on an Approved Application or Petition
This application or form is for the beneficiary of an approved Form I-192 or Form I-212 in need of a replacement copy of his or her original decision. It would be used when the original decision has been lost, stolen or mutilated. Under these circumstances a replacement for the decision may be requested from the U.S. Customs and Border Protection’s Admissibility Review Office (ARO). You may also obtain a replacement for a previously issued indefinite decision that was issued in conjunction with Form I-185, Nonresident Alien Canadian Border Crossing Card (BCC).
Please note: Form I-185 is no longer issued however, you may obtain a replacement for a previously issued indefinite waiver if the waiver authorization has not been revoked or voided.
A replacement for an approved decision that is still valid may be requested by submitting Form I-824, Application for Action on an Approved Application or Petition. You can obtain Form I-824 at the U.S. Citizenship and Immigration Services website: ( U.S. Citizenship and Immigration Services )
  • If your approval decision expires in less than 6 months, you may want to consider submitting a new Form I-192 application.
The completed Form I-824 application, with $405.00 US fee and a short explanation of why a replacement is required, can be mailed to U.S. Customs and Border Protection, Admissibility Review Office, at the address below or submitted in person at a designated CBP land border or Canadian preclearance office.
Filing at a Land Border Port of Entry:
For Ports of Entry - you may file in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. The following is a list of designated ports that accept the Form I-192 and Form I-824 in advance of travel.
Not all ports of entry are able to process applications for temporary waivers in advance of travel. ( Ports )
The following is a list of designated ports that accept the Form I-192, Form I-212 and Form I-824 in advance of travel.
Boston Field Office Port Address
Portland Port of Entry
312 Fore Street
Portland, ME 04101
Phone: (207) 771-3600
Fax: (207) 771-3608
Houlton Port of Entry
27 Customs Loop
Houlton, ME 04730
Phone: (207) 532-2131 x 0
Fax: (207) 532-4153
Fort Fairfield Port of Entry
4 Boundry 4 Line Road
Fort Fairfield, ME 04742
Phone: (207) 473-7474
Ft. Kent Port of Entry
401 West Main Street
Fort Kent, ME 04743
Phone: (207) 834-5255
Van Buren Port of Entry
137 Bridge Street, P.O. Box 146
Van Buren, ME 04785
Phone: (207) 868-3391
Madawaska Port of Entry
63 Bridge Avenue, Suite 101
Madawaska, ME 04756
Phone: (207) 728-4376 x 0
Calais Port of Entry
3 Customs Street
Calais, ME 04619
Phone: (207) 454-3621
Jackman Port of Entry
2614 Main Street
Sandy Bay Twp, ME 04945
Phone: (207) 668-3711
Highgate Springs Port of Entry
480 Welcome Center Road
Swanton, VT 05488
Phone: (802) 868-2778
Richford Port of Entry
705 Province Street
Richford, VT 05476
Phone: (802) 848-7766
Derby Line Port of Entry
107 Interstate 91 South
Derby Line, VT 05830
Phone: (802) 873-3219
Norton Port of Entry
115 Rte. 147 N.
Norton, VT 05907
Phone: (802) 822-5222
Buffalo Field Office Port Address
Buffalo - Peace Bridge Port of Entry
Monday - Thursday
5:00 PM - 9:00 PM
Champlain - Port of Entry
Monday - Thursday
For an appointment call (518) 298-8346
Lewiston / Queenston Bridge Port of Entry
Monday - Thursday
2:00 PM - 9:00 PM
Massena - Port of Entry
Monday - Thursday
9:00 AM - 3:00 PM
For an appointment call (315) 769-3091
Niagara Falls - Rainbow Bridge
Monday – Thursday
9:00 AM - 3:00 PM
Sunday (October- May only)
5:00 PM - 9:00 PM
Ogdensburg - Port of Entry
Monday - Thursday
9:00 AM - 3:00 PM
For an appointment call (315) 393-1390
Thousand Islands Bridge Port of Entry (Alexandria Bay)
Monday - Thursday
9:00 AM - 3:00 PM
For an appointment call (315) 482-2065
Seattle Field Office Port Address
Pacific Highway Port of Entry
9950 Pacific Highway
Blaine, WA 98230
Monday and Wednesday
9:00 AM - 3:00 PM
Sumas Port of Entry
109 Cherry Street
Sumas, WA 98295
Tuesday and Friday
9:00 AM - 3:00 PM
Lynden Port of Entry
9949 Guide Meridian Road
Lynden, WA 98264
Blaine, WA 98230
Thursday Only
9:00 AM - 3:00 PM
Oroville Port of Entry
33643 Hwy 97 North
Oroville, WA 98844
Monday-Friday
9:00 AM - 3:00 PM
Eastport Port of Entry
Highway 95 North
Eastport, ID 83826
Monday-Friday
9:00 AM - 3:00 PM
Roosville Port of Entry
8395 Highway 93 North
Eureka, MT 59917
Monday-Friday
9:00 AM - 3:00 PM
Sweetgrass Port of Entry
Interstate 15 North
Sweetgrass, MT 59484
Monday-Friday
9:00 AM - 3:00 PM
Raymond Port of Entry
Highway 16 North
Raymond, MT 59256
Monday-Friday
9:00 AM - 3:00 PM
Portal Port of Entry
301 W. Railway Ave
Portal, ND 58772
Monday-Friday
9:00 AM - 3:00 PM
Pembina Port of Entry
112 W. Stutsman
Pembina, ND 58271
Monday-Friday
9:00 AM - 3:00 PM
Dunseith Port of Entry
State Highway
Dunseith, ND 58239
Monday-Friday
9:00 AM - 3:00 PM
International Falls Port of Entry
2nd Avenue
International Falls, MN 55649
Monday-Friday
9:00 AM - 3:00 PM
Grand Portage Port of Entry
9403 Highway 61
Grand Portage, MN
Monday-Friday
9:00 AM - 3:00 PM
Del Bonita Port of Entry
4071 Chalk Butte
41 miles north of Cut Bank on Hwy. 213
Cut Bank, MT 59427-9109
(406) 336-2130
Monday-Friday
9:00 AM - 3:00 PM
Morgan Port of Entry
53869 US Highway 191 N.
Loring, MT 59537-9600
(406) 674-5248
Monday-Friday
9:00 AM - 3:00 PM
Opheim Port of Entry
6071 State Highway 24 North
Opheim, MT 59250-0376
(406) 724-3212
Monday-Friday
9:00 AM - 3:00 PM
Piegan Port of Entry
10 miles North of Babb on Highway 89
Babb, MT 59411-0109
(406) 732-5572
Monday-Friday
9:00 AM - 3:00 PM
Scobey Port of Entry
HWY 13 North at Canadian Border
Scobey, MT 59263-2300
(406) 783-5375
Monday-Friday
9:00 AM - 3:00 PM
Turner Port of Entry
12 miles North of Turner on Highway 24
Loring, MT 59537-9600
(406) 674-5248
Monday-Friday
9:00 AM - 3:00 PM
Whitetail Port of Entry
Highway 511 North at Canadian Border
Whitetail, MT 59276-0038
(406) 779-3531
Monday-Friday
9:00 AM - 3:00 PM
Wild Horse Port of Entry
29966 Wild Horse Road, Highway 232
Havre, MT 59501-8058
(406) 394-2371
Monday-Friday
9:00 AM - 3:00 PM
Willow Creek Port of Entry
29942 St Joe Road
Havre, MT 59501-8072
(406) 398-5512
Monday-Friday
9:00 AM - 3:00 PM
Porthill Port of Entry
Highway 1 at Canadian Border
Loring, Porthill, ID 83853-0040
(208) 267-5309
Monday-Friday
9:00 AM - 3:00 PM
Baudette Port of Entry
PO Box 617, HWY 72 North
Baudette, MN 56623
Monday-Friday
9:00 AM - 3:00 PM
Warroad Port of Entry
41781 State Highway 313
Warroad, MN
Monday-Friday
9:00 AM - 3:00 PM
Peace Arch Port of Entry
100 Peace Portal Drive
Blaine, WA 98230
Monday-Friday
9:00 AM - 3:00 PM
Danville Port of Entry
19130 Highway 21 N.
Danville, WA 99121
Monday-Friday
9:00 AM - 10:00 PM
Laurier Port of Entry
27017 Highway 395 N.
Laurier, WA 99146
Monday-Friday
9:00 AM - 10:00 PM
Frontier Port of Entry
4939 Highway 25 N.
Northport, WA 99157
Monday-Friday
9:00 AM - 3:00 PM
Metaline Falls Port of Entry
26781 SR 31
Metaline Falls, WA 99153
Monday-Friday
9:00 AM - 10:00 PM
Detroit Field Office Port Address
Detroit Canada Tunnel Port of Entry
150 E. Jefferson
Detroit, MI 48226
Blaine, WA 98230
Monday and Wednesday
8:00 AM - 4:00 PM
Blue Water Bridge Port of Entry
1410 Elmwood
Port Huron, MI 48060
Monday-Friday
89:00 AM - 4:00 PM
International Bridge Port of Entry
900 International Bridge Plaza
Sault Ste Marie, MI 49873
Monday-Friday
8:00 AM - 4:00 PM
Filing at a Preclearance Office:
You may also file your application with a CBP Preclearance office in Canada. You must appear in person and the U.S. set of fingerprints will be taken at that time. There is no additional biometrics fee for fingerprinting. It is highly recommended that you contact the Preclearance office where you plan to submit your application. You will be able to verify hours of operation and ask questions.
Application Status Inquiries:
Please allow at least 90 days from the date of submission of your Form I-192, Form I-212 or Form I-824 before making an inquiry about the status of your application. A full review of your circumstances can take up to six months or longer. Requests for status updates may add to that timeline. If you are concerned about the status of your application and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007, you may ask for an update by emailing inquiry.waiver.aro@dhs.gov. Be sure to provide your full name, DOB and your A Number.
A designated representative with a properly executed Form G-28 on file may make an inquiry on the status of his/her client’s application via: attorneyinquiry.waiver.aro@dhs.gov.
If you have submitted an application and you have had a change of address please remember to notify the CBP - ARO by e-Mail at inquiry.waiver.aro@dhs.gov or by mail at the following address:
US Customs and Border Protection
Admissibility Review Office
7th Floor Mail Stop 1340
12825 Worldgate Dr
Herndon, VA 20598-1340

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