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Results 1 to 4 of 4

Thread: I-192 waiver

  1. #1
    does anyone know how difficult it is to obtain an approval and how long a decision would be to have an I-192 waiver granted. My husband was deported to Italy and am trying to get him in for a short stay visit as hardship to see his dying parents. Thanks

  2. #2
    does anyone know how difficult it is to obtain an approval and how long a decision would be to have an I-192 waiver granted. My husband was deported to Italy and am trying to get him in for a short stay visit as hardship to see his dying parents. Thanks

  3. #3
    Hi Chrissy,

    From all that I've read, USCIS is not too forgiving to deportees. I just wanted to move your thread up. Maybe there are others here who can help. May God be with your in-laws in their time of need.

  4. #4
    Hi chrissy,

    how long it will take depends on the local cosulate and DHS office that covers it. No way to tell unless you know somebody in the same region who had similar case, or you try it yourself. Maybe it can be expedited in some cases?!

    About the approval? Well, it all depends on how the case is presented and if there are merits.

    I posted this for you in 2006
    (part)

    Legal Standard

    As opposed to immigrant waivers of inadmissibility which may require that the applicant demonstrate a family relationship to a United States citizen or lawful permanent resident and hardship said family member will suffer if a waiver is not granted, there are no statutory prerequisites in order to be eligible for a nonimmigrant waiver of inadmissibility pursuant to INA 212(d)(3).

    INS has broad discretionary authority over its adjudication of applications, and is instructed by administrative precedent to liberally grant waivers by balancing the factors presented. In Matter of Hranka, 16 I&N Dec. 491 (BIA 1979), which is the leading case utilized by INS to analyze application for nonimmigrant waivers, the Board instructed that the following factors are most important in making a discretionary determination:

    a. The risk of harm to society if the applicant is admitted;
    b. The seriousness of the applicant's prior violations, if any; and
    c. The applicant's reasons for wishing to enter the United States.

    Rehabilitation is not a required element. Although the passage of time since the event leading to the ground of inadmissibility to prove rehabilitation is an important consideration in whether an application is approved, there is no "bright line" rule for the amount of time which must pass before a nonimmigrant waiver application may be favorably adjudicated, particularly where the basis for inadmissibility does not involve a criminal offense.

    A well-documented application for a nonimmigrant waiver may be filed at any time, even when the basis for inadmissibility involves a criminal offense. Generally, however, where a criminal offense is involved, rehabilitation may best be demonstrated by a showing that time without criminal involvement has elapsed.

    An applicant must provide a reason for entry into the United States. There is no reason, however, for an applicant to give a "compelling reason" for seeking admission into the United States. Matter of Hranka, supra. The key is that the applicant must have a legitimate, proper, legal purpose for seeking admission into the United States.

    How to apply for a waiver

    Those who require a visa for admission should apply for the nonimmigrant visa with the United States Consular Officer, and include documentation in support of the approval of a nonimmigrant waiver of inadmissibility.

    No formal application or fees are required. The U.S. Consul then contacts INS with a recommendation on whether to approve or deny the waiver, and INS then makes the decision on whether to approve or deny the waiver. If INS authorizes the waiver, the Consul will issue the visa with a notation on the visa indicating the waiver issued and the ground of inadmissibility covered.

    If a waiver is sought pursuant to an application for a nonimmigrant visa before a United States consulate, and the consular officer recommends that the waiver not be approved,then the alien or an interested party, including an employer, family member, or attorney, may request that the matter be submitted to the Visa Office of the Department of State in Washington, D.C. for consideration. 9 FAM 40.301, Note 6.

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