The Admissibility Review Office (ARO) is the office within U.S. Customs & Border Protection (CBP) responsible for adjudicating non-immigrant waivers of inadmissibility under INA §212(d)(3) from all over the world, whether the waiver request be from a Canadian citizen filing Form I-192 or from a foreign national who has received a favorable recommendation for a non-immigrant waiver from their Consulate in conjunction with their non-immigrant visa application.
In recent months, the ARO has started taking the position that even if you have a valid unexpired non-immigrant waiver, you may not be able admissible to the United States unless your waiver specifically allows for admission in the status you are seeking to enter. For example, let’s say a foreign national is in possession of a valid non-immigrant waiver for the general purpose of for “business visits (B-1) or pleasure (B-2)”. Now let’s assume that the foreign national has an exciting employment opportunity in the U.S. and wishes to enter the U.S. in H-1B, TN or L-1 status. Well, given the ARO’s current stance, that foreign national will now need to apply for a new waiver, specifically allowing them to enter in the applicable non-immigrant status they are seeking, whether it is H-1B, TN or L-1, etc.Read More