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CBP Updates Site on I-192 Waivers of Inadmissibility

U.S. Customs and Border Protection (CBP) has expanded on its explanations of the grounds of inadmissibility for which one might require a Form I-192 waiver.

Form I-192, Application for Advance Permission to Enter as a Non-Immigrant and Inadmissible Canadian Information

In general, you might be denied entry:
  • If you have a communicable disease,
  • If you have a criminal record for crimes of moral turpitude,
  • For possession of or trafficking in a controlled substance,
  • If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),
  • If you have trafficked in persons,
  • If you have been involved in money laundering,
  • If you might become a public charge because of limited financial resources,
  • If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

A comprehensive list of the legal descriptions can be found here: Legal Descriptions (opens a PDF document)

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Comments

  1. AnonymousJune 17, 2010 at 3:45 PM

    Hi Ryan, thanks for maintaining this blog. I have a big problem in the I-192 application process. Looking for any info I can get. I have two drug possession convictions, one from 1980 when I was 16 and one from about 1988 when I was 24 (both simple possession of less than 1 gram). In 1987 I got to the border and made the mistake of telling the officer, when asked, that I had a criminal record for drugs (technically not correct since I received an absolute discharge in 1980). I was excluded.

    Now I am applying for permission to enter. The problem is that the courthouse is telling me that if I do not have the date of my trial and disposition, they cannot give me my documents! This was in 1988 and I have less than no idea what my court date was. For that matter I have no idea what my court date was in 1980 either.

    Ever heard of anything like this? The thing about it is that my drug charges do not appear on my certified RCMP Criminal Record Check document, which I have. All that appears is two minor theft charges from 1980 and 1981. This is a huge quandary for me. They know I have some sort of involvement with drugs since I told them so, but there is nothing on my record. I cannot get the court documents. I do have the documents for my theft under $200 charges since I have the dates from my criminal record.

    Any comment would be hugely appreciated. I have talked to 3 different court records employees and they have to told me that there is no way for them to get my records without that date and I will never be able to figure it out. I don't even remember clearly if it was 1988 or 1989.

    Thanks

    Rob

    ReplyDelete
  2. Green Card LotterySeptember 27, 2010 at 7:09 AM

    Thank you for sharing useful information.

    ReplyDelete
  3. grantOctober 20, 2011 at 5:40 AM

    anonymous:

    1) your conviction as a minor does not pose a legal barrier to your entry to the USA. I suggest that you never mention it at all (unless an agent asks you specifically about convictions under age 18)

    2) I don't understand why there would be those theft charges on your adult record, if you were 16 in 1980 weren't you a minor until 1982?

    3) absolute discharge still counts as a conviction as far as the USA is concerned.

    4) telling the officer the truth about your discharge was not a mistake. They have a LOT of records on people and those records are becoming more comprehensive by the month. If you lied and got away with it, you would be tempted to keep lying until one day it shows up on the computer and then you're in big trouble

    5) the lack of court documents is not necessarily a "big problem" for an I-192 application. Submit the application as you normally would. Specify under "reasons for exclusion" that you were given an absolute discharge for possessing 1 gram of marijuana. You may wish to explain that your criminal record is clean because of the discharge. It's very possible that the arbiter of your application will be satisfied and proceed anyway. At worst, they will request the court documents which leaves you in the same place you were before.

    6) sounds like the clerks are being kind of lazy about looking up your records. at my local courthouse (in BC) you can specify a name + a range of years and they will find the documents for you.

    ReplyDelete
  4. immigration lawyers in chicagoJanuary 23, 2012 at 1:41 AM

    Good Information. Thanks.

    ReplyDelete
  5. Mike SJanuary 28, 2013 at 6:37 PM

    Hi. I was convicted of trafficking marijuana in 1991, 1 gram was the amount, as well as 2 possession charges ( less than 1 gram marijuana each time) I have not been charged since 1992. I have a Canadian pardon. I was stopped while crossing before I got my pardon, and deemed inadmissible, therefore I suspect I am in their system. I have had my pardon for approximately 8 years now. I was told at one point that my inadmissibility may expire, but I can find no details on this anywhere. I have called consulates and immigration and they all pass me off to another place that passes me off etc. One of these sources suggested it may expire.

    Im wondering. Do exclusion orders really expire?

    Also, will marijuana charges still be held against me now that Washington has legalized it? (I enter via Washington state)

    Thanks!

    ReplyDelete
  6. 1-855-7-Waiver US Entry WaiverMarch 5, 2013 at 11:46 PM

    Pardons and waivers are the necessities for the Canadians who are planning to move to the United States.

    1-855-7-Waiver US Entry Waiver

    ReplyDelete
  7. US Visa WaiverMay 5, 2013 at 4:55 PM

    The Canada Pardon & US Waiver Experts work to save our clients time and money on all pardon and waiver applications. Applying for a pardon or a waiver on your own can be a difficult process; applications submitted incorrectly can be returned or denied and the associated fees may be non-refundable.

    US Visa Waiver

    ReplyDelete
  8. AnonymousMay 27, 2013 at 3:57 PM

    Hi. I'm a landed immigrant in Canada and had recently applied for a US visa but was denied. I was denied due to Fraud and Misrepresentation wherein I lied to an immigration officer of my purpose to enter the US. It was almost ten years ago. I have read that I can still apply for a waiver as non-immigrant which is the I 192. Is that applicable for me?

    ReplyDelete
  9. nat.mcAugust 28, 2013 at 2:31 PM

    The link to the i-192 spplication form is broken!
    http://www.uscis.gov/files/form/i-192.pdf
    I'm supposed to file in a couple of weeks for my renewal but can't access the application?
    Any ideas?

    ReplyDelete

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