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How Do Non-Canadians Apply for a Nonimmigrant Waiver?

Once you are found to be inadmissible, the U.S. government will not issue you a visa to work, study, visit for pleasure, and so on. If you are found to be inadmissible, the only way to be admitted into the United States is if you obtain an I-192 waiver (Application for Advanced Permission to Enter as a Nonimmigrant). 

An I-192 waiver allows you to temporarily enter the United States for a specific reason and for a specified amount of time. Essentially, this waiver is a form of “forgiveness” given by the U.S. government to nonimmigrants who are legally inadmissible. Therefore, the evidence you will need to submit with the I-192 waiver depends largely on why you are inadmissible in the first place.

There are multiple reasons a person can be deemed inadmissible. Some reasons are because the person committed “crimes of moral turpitude,” contracted certain communicable diseases, committed a drug offense, and so on. To apply for this waiver, you must fall under one of these three categories if you are a non-Canadian:

  1. An inadmissible nonimmigrant and already have the appropriate paperwork
  2. An applicant for T nonimmigrant status
  3. A petitioner for U nonimmigrant status

It is important to note that if you are seeking admission under the Visa Waiver Program (VWP) under INA section 217, you cannot file this form. Instead, you must apply for a nonimmigrant visa at a U.S. Embassy or Consulate for authorization to travel.

If you have any questions about filing an I-192 waiver, please contact our office today to set up a consult with one of our attorneys today!