Our office recently received notice of approval of a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, after submission of the waiver application package at the Peace Bridge Port of Entry only 10 weeks earlier. The nonimmigrant waiver, which was required in order to overcome theft convictions that occurred over 20 years ago, was approved for a period of five (5) years.
As we do with all I-192 waiver applications, our office prepared a comprehensive legal brief in support of the waiver application, which addressed each of the three (3) factors that are to be weighed when adjudicating these waiver applications. The Board of Immigration Appeals precedent decision, Matter of Hranka, set forth the three (3) factors to be considered:
In this specific case, our client posed no risk of harm to society, as evidenced by his non-violent offenses, as well as his previous good behavior while in the U.S. pursuant to previous waiver approvals. While the convictions involved are considered serious, our brief pointed out the mitigating factors present and the relatively minor nature of the offenses overall. Finally, our brief set forth our client’s reasons for seeking entry, which include a close family member in the U.S. that is unable to travel frequently, as well as the need to enter the U.S. for the business purposes of meeting personally with U.S.-based clients and attending ceremonies and other events in connection with his employment.