U.S. immigration laws can be challenging, particularly for those who fall under the category of “inadmissible aliens.” Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, is an essential Form for those found inadmissible to the U.S. This article provides an overview of the various aspects of this form, including its purpose, who should file it, where to file it, and what must be submitted with the application.
Purpose of Form I-192
Form I-192 allows inadmissible nonimmigrant aliens to temporarily apply for advance permission to enter the United States. Grounds of inadmissibility are outlined in the Immigration and Nationality Act (INA) section 212(a). The legal basis for this form lies in INA section 212(d)(3)(A)(ii) and various sections under Title 8 Code of Federal Regulations (CFR).
Who Should File Form I-192?
This form should be filed if you are an inadmissible alien in one of the following categories:
- Inadmissible nonimmigrants already in possession of appropriate documents
- Applicant for T nonimmigrant status
- Applicant for U nonimmigrant status
It’s important to note that those seeking admission under the Visa Waiver Program (VWP) under INA section 217 should NOT file this form. Similarly, T visa applicants who are inadmissible under INA section 212(a)(4) (Public charge) are exempt from this ground of inadmissibility and should NOT file the form.
Where to File Form I-192?
The filing location depends on your specific situation:
- Inadmissible Nonimmigrants with Documents: File with U.S. Customs and Border Protection (CBP) at designated ports of entry or pre-clearance offices.
- T Nonimmigrant Applicants: File with U.S. Citizenship and Immigration Services (USCIS) at the Vermont Service Center.
- U Nonimmigrant Applicants: File with USCIS at the Vermont Service Center.
Required Documentation
The Form I-192 application package must be comprehensive and include a range of documents such as evidence of citizenship, a completed Form I-192, Form G-28 if represented by an authorized person, a fingerprint card, criminal records, and additional documentation depending on your inadmissibility grounds.
Application Fees and Status Inquiries
Fees can be paid via bank drafts, checks, and credit cards. Due to the high volume of applications, the CBP Admissibility Review Office advises applicants to wait at least 180 days before inquiring about the application’s status.
Address Changes
If you change your address while your Form I-192 application is pending, constantly update CBP. Failure to do so may result in application denial.
Conclusion
Understanding and correctly filing Form I-192 can be a critical step for inadmissible nonimmigrants seeking to enter the U.S. Make sure to seek legal advice for a successful application.
Subscribe to Our Resources Blog
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
You may have questions regarding Form I-192: Application for Advance Permission to Enter as Nonimmigrant. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
