I-192, Application For Advance Permission To Enter As Nonimmigrant Approved For Remainder of Unlawful Presence Bar

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 177 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Lester B. Pearson International Airport Toronto in Toronto, Ontario)

Grounds of Inadmissibility: INA §212(a)(9)(B)(i)(II) – Period of Unlawful Presence in the U.S.

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] – Visit with family and friends in the U.S., vacation to the U.S., and attend tradeshows and conventions that are held in the U.S.

SRW Strategy: Evidence of Rehabilitation (no immigration violations since her departure from the United States in 2007; 19 years since the commission of acts forming the basis of her inadmissibility; compliance with terms of previous waiver approval); Establish strong ties to Canada.

Approval Period: Two (2) Years – Covers Client Until 10 Year Unlawful Presence Bar expires in April 2017

Another I-192, Application For Advance Permission To Enter As Nonimmigrant, Approved For 5 Years

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 133 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Peace Bridge Port of Entry in Buffalo, New York)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – (2) Convictions for Crimes Involving Moral Turpitude from 1988 in Ontario Canada – Possession of Property Obtained by Crime & Theft Under $1,000)

Purpose of Entry into U.S.: Business and Pleasure Visits [B1/B2] or Employment in O-1, H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (no criminal issues since 1988, compliance with terms of previous waiver approvals).

Approval Period: Five (5) Years

I-192 Waiver Approved For Canadian Citizen For Five Years

Application Type: I-192

Adjudication Time: 139 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Houlton Port of Entry in Houlton, Maine)

Grounds of Inadmissibility: INA §212(a)(6)(C)(i) – Misrepresentation (Filed a false claim for asylum in the mid 1990s)

Purpose of Entry into U.S.: Business and Pleasure Visits [B1/B2] or Employment in O-1, H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (nearly 20 years since the commission of acts forming the basis of his inadmissibility, compliance with terms of previous waiver approvals, firmly settled in Canada).

Approval Period: Five (5) Years

Does a denial of admission under INA §212(a)(7) by CBP require a waiver?

If an individual has been denied admission into the U.S. by U.S. Customs & Border Protection, solely under INA §212(a)(7), they would not require a waiver to overcome the inadmissibility.

An individual being denied under INA §212(a)(7) may have failed to establish their eligibility to enter the U.S. in the status they are seeking. Generally, this occurs with individuals attempting to enter the U.S. as visitors in B-1/B-2 status - they may fail to establish that they are truly entering the U.S. to engage in permissible B-1/B-2 activities and accordingly, as denied admission.

How do you fix this? While it generally depends on the facts of your case, it would be best to confirm that you do in fact qualify to enter the U.S. as a visitor based on your proposed activities. In addition, you should be able to demonstrate your strong ties outside the U.S. (employment, residence, financial ability to support yourself while in the U.S. without engaging in unauthorized employment).

On the other hand, if an individual is denied admission into the U.S. under INA §212(a)(7) and another ground of inadmissibility (fraud, criminal conviction, etc.) or issued an Expedited Order of Removal, they would need a waiver to overcome the other ground of inadmissibility.