Preparing a successful U.S. Waiver Application Form I-192 is a challenging process. In this blog, I’ll share 5 must-know tips to help ensure your U.S. Waiver Application has the best chance of being approved.
TIP #1: I-192 Approval Factors: Understanding Discretionary Decision-Making
First, it’s important to understand the decision-making process for I-192 waivers.
The Admissibility Review Office which is part of the U.S. Customs and Border Protection, known as the CBP, is the decision-maker regarding whether your U.S. waiver application is approved or denied.
This is a discretionary determination. Even if you technically meet eligibility requirements, the CBP can still deny your waiver if they conclude you don’t merit approval.
Their decision involves consideration of both positive and negative factors from your application and background. The CBP has broad discretion in making this judgment call according to all the criteria.
TIP #2: Understanding Eligibility Criteria for the U.S. Waiver Application (I-192):
Next, it’s important to understand the eligibility criteria for a U.S. waiver.
The CBP uses standards set out in the matter of Hranka, which is a Board of Immigration Appeals case. At a minimum, the CBP will consider:
- The seriousness of the underlying cause of your inadmissibility
- The risk of harm to society if your application is approved; and
- The nature of your reason for wishing to enter the United States
The CBP will also consider factors such as
- what your offence was;
- the circumstances that lead to your offence,
- how recent your offence was;
- whether it was isolated or a part of a pattern of misconduct; and
- evidence of your rehabilitation.
Crafting a strong legal argument around these points is critical to getting your U.S. Waiver approved.
TIP #3: Avoiding Common Form I-192 Mistakes
Another key tip is avoiding common pitfalls that can sabotage your I-192 application.
A big mistake we often notice is the oversimplification in preparing the Form I-192 application. Essentially, we see applicants treat the application process as if it were as straightforward as filling out a basic form, which is not the case.
A successful U.S. waiver application requires you to craft a compelling legal narrative explaining why you merit a waiver despite your history.
Every detail must be covered thoroughly, from evidence to statements demonstrating your reformation and rehabilitation.
Be very careful and deliberate in your preparation because mistakes can lead to denial.
TIP #4: Document Checklist for Your U.S. Entry Waiver Form I-192 Submission
When compiling your application, carefully check that you have ALL the required documents BEFORE you submit your application. Check out the CBP website for a complete list. Missing items will delay or jeopardize your application.
And as discussed, make sure that your waiver application includes a convincing legal argument that meets all of the CBP’s criteria.
TIP #5: Expected Form I-192 Timelines: What To Expect
Finally, be aware of the timelines involved. Application preparation may take weeks to months, depending on your situation’s complexity. Gathering records like court documentation takes time.
Once submitted, CBP processing time can take anywhere from two to six months. The variability depends on their workload, your inadmissibility severity, and response times from CBP external inquiries about your waiver application.
Given the uncertainty regarding timing, you should avoid booking a definitive travel plan until you get an answer from the CBP.
What criteria does the CBP consider when reviewing my I-192 application?
The U.S. Customs and Border Protection (CBP) follows the guidelines from the Matter of Hranka, assessing the severity of your inadmissibility, potential risk to society, and the nature of your intent to enter the U.S. They also evaluate the specifics of your offense, the context of your conduct, recency of the offense, any patterns of misconduct, and evidence of your rehabilitation.
What is the expected timeline for processing the I-192 waiver application?
Preparing your application can take several weeks to months, while the CBP's processing time varies from two to six months, depending on factors like their workload and the severity of your inadmissibility. It's advised not to book travel until your waiver's approval is confirmed.