The US Citizenship and Immigration Services (USCIS) may determine that you are inadmissible to enter the United States for several reasons. It may be due to a past criminal record, non-compliance with immigration laws, or even for medical reasons. Once you have been determined as inadmissible to the US, you will be restricted from temporarily or permanently entering the US.
There is only one way to overcome US Inadmissibility and that is by obtaining an approved Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Who Is the Form I-192 for?
Form I-192 is for nonimmigrants who need advanced permission to enter the US due to inadmissibility. This waiver will only allow the applicant temporary residence in the US. To obtain this form, you must be:
Inadmissible to the US and in possession of the appropriate documents:
This category includes foreign nationals who either already have a US Visa stamp on their passport or have applied for a nonimmigrant US Visa and were eligible.
An applicant for the T Nonimmigrant Visa:
The T Nonimmigrant Visa is for victims of a severe form of human trafficking. This visa will allow the holders up to 4 years of temporary residence in the US, provided they meet certain requirements. To be eligible for this visa, the applicant must demonstrate that:
- They are a victim of a severe form of human trafficking, for example, sex or labor trafficking
- They must be in the US or its territories or one of its ports of entry due to such trafficking
- They must comply and assist the law enforcement in the investigation and prosecution of the traffickers
- They may suffer extreme hardship or harm if removed from the US
Applicants who meet the above-mentioned criteria and are for some reason inadmissible to the US may apply for this waiver. However, applicants to the T Visa can not be determined as inadmissible based on their possibility to become a public charge. Therefore, since they are exempt from this inadmissibility, they need not file for a waiver to enter the US.