| | | Form I-192, Form I-212 and Form I-824
(06/20/2012)Form I-192: Application for Advance Permission to Enter as Non-Immigrant
(
Form I-192 )
(
Instructions for Form I-192 ) There are many reasons why a person may be ineligible to enter the United States. The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below. This information should not be interpreted to be a comprehensive list of reasons you may be denied entry into the United States.
(
Legal Descriptions ) In general, you might be denied entry:- If you have a communicable disease,
- Determined to be a drug abuser or addict,
- If you have a criminal record of multiple convictions,
- If you have a criminal record for crimes of moral turpitude,
- Possession of or trafficking in a controlled substance,
- If you have trafficked in persons,
- If you have been involved in money laundering,
- If you have been previously removed (deported) or have overstayed a previous period of admission to the United States
Please note that as stated above, a conviction of a crime involving moral turpitude (CIMT) may render an individual inadmissible to the United States. A determination of whether a specific crime constitutes a CIMT can be complex. It may require review of not only the facts of conviction and the statutory definition of the criminal offense but elements of the offense.The most common types of CIMTs that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of $585.00 US dollars per application regardless of the decision.The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A) of the Immigration and Nationality Act (INA)], is on the U.S. Citizenship and Immigration Services’ web site. The Form I-192 and instructions can be downloaded at the U.S. Citizenship and Immigration Services Immigration Forms website. ( Form I-192 ) This form should be filed with CBP if you are an inadmissible visa-exempt nonimmigrant. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation). Only forms with the expiration date of 11/30/2009 or later in the upper right hand corner are acceptable. After February 20, 2009, older versions of the form cannot be used.If you are an applicant for T nonimmigrant status or an applicant for U nonimmigrant status and you are inadmissible, you should file your Form I-192 with U.S. Citizenship and Immigration Services.Landed Immigrants and certain Canadians who require a visa (e.g. for E, K, or V status applicants) to enter the United States, but are ineligible for one of the reasons previously mentioned should contact a local United States Consulate to discuss their situation. Likewise, citizens of other countries may discuss waivers of ineligibility with a consular officer if they are likely to be denied entry for one of the previously mentioned reasons. Consular officers may recommend a waiver for certain ineligible visa applicants.The Form I-192 application package must include the following:- Evidence of your Citizenship.
- Completed Form I-192 signed and submitted by you (no copies).
- A properly executed Form G-28 must be included with the application if you have retained an authorized person to represent you on this specific application. ( Form G-28 )
- U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
- A Form G-325A completed and signed by you. Please ensure that all copies of this form are legible.
(
Form G-325A )
- If you have a criminal record in any other country's court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
Canadians: To obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website.
(
RCMP ) Do not submit the Form I-192 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.
- A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.
- If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. In addition, you should submit any evidence or explanation of your reformation of character or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.
- If you are inadmissible for one of the Health Related grounds identified in the INA, e.g., drug user or addict, you will need to provide evidence of treatment/rehabilitation. Such evidence shall include, but may not be limited to, the following: A recent drug test; credible, verifiable evidence related to rehabilitative history; statement from the applicant making clear his/her commitment to refrain from using controlled substances in the United States, credible, verifiable evidence outlining subject's program for substitution therapy/treatment and/or continued care relative to his/her drug use/addiction if allowed to enter the United States.
- If you have been found inadmissible under section 212(a)(9)(B) of the INA (unlawfully present in the United States) please submit detailed information regarding:
- Current foreign employment.
- Previous U.S. employment.
- Family members presently living in the United States.
- Past and current United States and/or foreign business investments.
- Any and all ties you have to your present foreign country/residence.
In Summary: The Form I-192 and accompanying documents are filed in advance of travel. The Immigration and Nationality Act and federal regulation establish access and use of the Form I-192, e.g., the class of aliens where a nonimmigrant visa is not required. Most citizens of Canada may use this form and submit their application at a major Port of Entry at the U.S. Border or a CBP Preclearance office in Canada. Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal
(
Form I-212 )
(
Instructions for Form I-212 ) Effective November 23, 2010, CBP will only accept the revised Form I-212 which has the 11/23/10 revision date. Furthermore, the applicant will be required to pay the new fee of $585.00 US Dollars if an application is filed on or after November 23, 2010.This application or form is for a particular inadmissible immigrant and nonimmigrant population that is seeking permission to reapply for admission into the United States (also known as “consent to reapply”) after they have been excluded, deported, or removed from the United States or had been unlawfully present in the United States for an aggregate period of more than 1 year, and subsequently entered or attempted to reenter the United States without being admitted.There are three pertinent sections in the Immigration and Nationality Act (INA) that address the above referenced nonimmigrant and his/her need to obtain consent to reapply in advance of applying for admission into the United States. The three noted sections are §212(a)(9)(A)
(
INA §212 ) , §212(a)(9)(C)
(
INA §212 ) and §276.
(
INA §276 ) If any of the noted sections apply to you and you are not required to obtain a visa to enter the United States as a non-immigrant, you may file Form I-212 at a U.S. Customs and Border Protection (CBP)-designated port of entry or a CBP-designated preclearance office. The Form I-212 and accompanying documents must be filed in advance of travel.- Nonimmigrant visitors who require consent to reapply and need a visa to enter the United States as a nonimmigrant should contact the nearest United States Embassy or Consulate.
- Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands may contact the nearest consulate of the U.S. Department of State to receive instructions on where and how to submit this form.
- If you require consent to reapply and are inadmissible to the United States because of additional reasons (for example, having; a communicable disease, criminal record for crimes involving moral turpitude, or a violation of any controlled substance law), you may also have to file a Form I-192 in conjunction with a Form I-212. Both Forms I-212 and I-192 may be downloaded at the U.S. Citizenship and Immigration Services Forms website.
(
U.S. Citizenship and Immigration Services )
- In addition to the required evidence stated on the revised Form I-212 Instructions, the following additional information/documentation should be submitted with the Form I-212
- Evidence of Citizenship.
- Any supporting documentation.
- U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
- A Form G-325A completed and signed by the applicant. Please ensure that all copies of this form are legible.
- A properly executed Form G-28 must be included with the application if the alien has retained an authorized representative.
- Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from the applicant’s country of residence or nationality. This record is valid for 15 months.
Canadians: You can obtain verification of their criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting their fingerprints on Form C-216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with the Form I-212. For instructions, addresses and payment information, please visit the RCMP website. Do not submit the Form I-212 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.Form I-824: Application for Action on an Approved Application or Petition
(
Form I-824 )
(
Instructions for Form I-824 ) This application or form is for the beneficiary of an approved Form I-192 or Form I-212 in need of a replacement copy of his or her original decision. It would be used when the original decision has been lost, stolen or mutilated. Under these circumstances a replacement for the decision may be requested from the U.S. Customs and Border Protection’s Admissibility Review Office (ARO). You may also obtain a replacement for a previously issued indefinite decision that was issued in conjunction with Form I-185, Nonresident Alien Canadian Border Crossing Card (BCC).Please note: Form I-185 is no longer issued however, you may obtain a replacement for a previously issued indefinite waiver if the waiver authorization has not been revoked or voided. A replacement for an approved decision that is still valid may be requested by submitting Form I-824, Application for Action on an Approved Application or Petition. You can obtain Form I-824 at the U.S. Citizenship and Immigration Services website:
(
U.S. Citizenship and Immigration Services ) - If your approval decision expires in less than 6 months, you may want to consider submitting a new Form I-192 application.
The completed Form I-824 application, with a fee of $405.00 US dollars and a short explanation of why a replacement is required, can be mailed to U.S. Customs and Border Protection, Admissibility Review Office, at the address below or submitted in person at a designated CBP land border or Canadian preclearance office.Filing at a Land Border Port of Entry: For Ports of Entry - you may file in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. The following is a list of designated ports that accept the Form I-192 and Form I-824 in advance of travel. Not all ports of entry are able to process applications for temporary waivers in advance of travel.
(
Ports ) The following is a list of designated ports that accept the Form I-192, Form I-212 and Form I-824 in advance of travel.Boston Field Office Port AddressPortland Port of Entry312 Fore StreetPortland, ME 04101Phone: (207) 771-3600Fax: (207) 771-3608Houlton Port of Entry27 Customs LoopHoulton, ME 04730Phone: (207) 532-2131 x 0Fax: (207) 532-4153Fort Fairfield Port of Entry4 Boundry 4 Line RoadFort Fairfield, ME 04742Phone: (207) 473-7474 Ft. Kent Port of Entry401 West Main StreetFort Kent, ME 04743Phone: (207) 834-5255 Van Buren Port of Entry137 Bridge Street, P.O. Box 146Van Buren, ME 04785Phone: (207) 868-3391 Madawaska Port of Entry63 Bridge Avenue, Suite 101Madawaska, ME 04756 Phone: (207) 728-4376 x 0Calais Port of Entry3 Customs StreetCalais, ME 04619Phone: (207) 904-3001 Jackman Port of Entry2614 Main StreetSandy Bay Twp, ME 04945Phone: (207) 668-3711 Highgate Springs Port of Entry480 Welcome Center RoadSwanton, VT 05488Phone: (802) 868-2778Richford Port of Entry705 Province StreetRichford, VT 05476Phone: (802) 848-7766Derby Line Port of Entry107 Interstate 91 SouthDerby Line, VT 05830Phone: (802) 873-3219Norton Port of Entry115 Rte. 147 N.Norton, VT 05907Phone: (802) 822-5222Buffalo Field Office Port AddressBuffalo - Peace Bridge Port of EntryMonday - Thursday5:00 PM - 9:00 PM (716) 888-4926Champlain - Port of EntryMonday - ThursdayFor an appointment call (518) 298-8346Lewiston / Queenston Bridge Port of EntryMonday - Thursday2:00 PM - 9:00 PM (716) 282-1500 x353Massena - Port of EntryMonday - Thursday9:00 AM - 3:00 PMFor an appointment call (315) 769-3091Niagara Falls - Rainbow Bridge Monday – Thursday 9:00 AM - 3:00 PM Sunday (October- May only) 5:00 PM - 9:00 PM (716) 284-5174 x324Ogdensburg - Port of EntryMonday - Thursday9:00 AM - 3:00 PMFor an appointment call (315) 393-1390Thousand Islands Bridge Port of Entry (Alexandria Bay)Monday - Thursday9:00 AM - 3:00 PMFor an appointment call (315) 482-2065Seattle Field Office Port AddressPacific Highway Port of Entry9950 Pacific HighwayBlaine, WA 98230Monday and Wednesday9:00 AM - 3:00 PM (360) 332-5771Sumas Port of Entry109 Cherry StreetSumas, WA 98295Tuesday and Friday9:00 AM - 3:00 PM (360) 988-4781Lynden Port of Entry9949 Guide Meridian RoadLynden, WA 98264Blaine, WA 98230Thursday Only9:00 AM - 3:00 PM (360) 354-2183Oroville Port of Entry33643 Hwy 97 NorthOroville, WA 98844Monday-Friday9:00 AM - 3:00 PM (509) 476-2955Eastport Port of EntryHighway 95 NorthEastport, ID 83826Monday-Friday9:00 AM - 3:00 PM (208) 267-3966Roosville Port of Entry8395 Highway 93 NorthEureka, MT 59917Monday-Friday9:00 AM - 3:00 PM (406) 889-3865Sweetgrass Port of EntryInterstate 15 NorthSweetgrass, MT 59484Monday-Friday9:00 AM - 3:00 PM (406) 335-9610Raymond Port of EntryHighway 16 NorthRaymond, MT 59256Monday-Friday9:00 AM - 3:00 PM (406) 895-2664Portal Port of Entry301 W. Railway AvePortal, ND 58772Monday-Friday9:00 AM - 3:00 PM (701) 926-4241Pembina Port of Entry112 W. StutsmanPembina, ND 58271Monday-Friday9:00 AM - 3:00 PM (701) 825-6551Dunseith Port of EntryState HighwayDunseith, ND 58239Monday-Friday9:00 AM - 3:00 PM (701) 263-4460International Falls Port of Entry2nd AvenueInternational Falls, MN 55649Monday-Friday9:00 AM - 3:00 PM (218) 283-2541Grand Portage Port of Entry9403 Highway 61Grand Portage, MNMonday-Friday9:00 AM - 3:00 PM (218) 475-2244Del Bonita Port of Entry4071 Chalk Butte41 miles north of Cut Bank on Hwy. 213Cut Bank, MT 59427-9109Monday-Friday9:00 AM - 3:00 PM (406) 336-2130Morgan Port of Entry53869 US Highway 191 N.Loring, MT 59537-9600Monday-Friday9:00 AM - 3:00 PM (406) 674-5248Opheim Port of Entry6071 State Highway 24 NorthOpheim, MT 59250-0376Monday-Friday9:00 AM - 3:00 PM (406) 724-3212Piegan Port of Entry10 miles North of Babb on Highway 89Babb, MT 59411-0109Monday-Friday9:00 AM - 3:00 PM (406) 732-5572Scobey Port of EntryHWY 13 North at Canadian BorderScobey, MT 59263-2300Monday-Friday9:00 AM - 3:00 PM (406) 783-5375Turner Port of Entry12 miles North of Turner on Highway 24Loring, MT 59537-9600Monday-Friday9:00 AM - 3:00 PM (406) 379-2651Whitetail Port of EntryHighway 511 North at Canadian BorderWhitetail, MT 59276-0038Monday-Friday9:00 AM - 3:00 PM (406) 779-3531Wild Horse Port of Entry29966 Wild Horse Road, Highway 232Havre, MT 59501-8058Monday-Friday9:00 AM - 3:00 PM (406) 394-2371Willow Creek Port of Entry29942 St Joe RoadHavre, MT 59501-8072Monday-Friday9:00 AM - 3:00 PM (208) 267-5309Porthill Port of EntryHighway 1 at Canadian BorderLoring, Porthill, ID 83853-0040Monday-Friday9:00 AM - 3:00 PM (218) 475-2244Baudette Port of EntryPO Box 617, HWY 72 NorthBaudette, MN 56623Monday-Friday9:00 AM - 3:00 PM (218) 634-2803Warroad Port of Entry41781 State Highway 313Warroad, MNMonday-Friday9:00 AM - 3:00 PM (218) 386-2796Peace Arch Port of Entry100 Peace Portal DriveBlaine, WA 98230Monday-Friday9:00 AM - 3:00 PM (360) 332-2511Danville Port of Entry19130 Highway 21 N.Danville, WA 99121Monday-Friday9:00 AM - 10:00 PM (509) 779-4862Laurier Port of Entry27017 Highway 395 N.Laurier, WA 99146Monday-Friday9:00 AM - 10:00 PM (509) 684-0570Frontier Port of Entry4939 Highway 25 N.Northport, WA 99157Monday-Friday9:00 AM - 3:00 PM (509) 732-6215Metaline Falls Port of Entry26781 SR 31Metaline Falls, WA 99153Monday-Friday9:00 AM - 10:00 PM (509) 446-4421Detroit Field Office Port AddressDetroit Canada Tunnel Port of Entry150 E. JeffersonDetroit, MI 48226Monday and Wednesday8:00 AM - 4:00 PM (313) 393-3793 Option 0 (zero)Blue Water Bridge Port of Entry1410 ElmwoodPort Huron, MI 48060Monday-Friday9:00 AM - 4:00 PM (810) 982-0133 Ext. 112International Bridge Port of Entry900 International Bridge PlazaSault Ste Marie, MI 49873Monday-Friday8:00 AM - 4:00 PM (906) 632-8822Filing at a Preclearance Office: You may also file your application with a CBP Preclearance office in Canada. You must appear in person and the U.S. set of fingerprints will be taken at that time. There is no additional biometrics fee for fingerprinting. It is highly recommended that you contact the Preclearance office where you plan to submit your application. You will be able to verify hours of operation and ask questions. Application Status Inquiries:Please allow at least 120 days from the date of submission of your Form I-192, Form I-212 or Form I-824 before making an inquiry about the status of your application. A full review of your circumstances can take up to six months or longer. Requests for status updates may add to that timeline. If you are concerned about the status of your application and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007, you may ask for an update by emailing inquiry.waiver.aro@dhs.gov. Be sure to provide your full name, DOB and your A Number.A designated representative with a properly executed Form G-28 on file may make an inquiry on the status of his/her client’s application via: attorneyinquiry.waiver.aro@dhs.govIf you have submitted an application and you have had a change of address please remember to notify the CBP - ARO by e-Mail at inquiry.waiver.aro@dhs.gov or by mail at the following address:US Customs and Border ProtectionAdmissibility Review Office7th Floor Mail Stop 134012825 Worldgate DrHerndon, VA 20598-1340Application Filing Fee - General Information: Bank drafts, cashier’s checks, certified checks, personal checks and money orders must be drawn on U.S. financial institutions and payable in U.S. funds. The fee should be made payable to U.S. Department of Homeland Security. (Updated application fee information can found at www.uscis.gov. or by contacting the preclearance office or port of entry where you are submitting your application.
(
U.S. Citizenship and Immigration Services ) |
|
| | | |
|