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Thursday
Jul292010

I-192 Waiver Approved

We recently received notice of approval of a waiver application submitted on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, on behalf of a client who required a waiver in order to overcome inadmissibility under INA § 212(a)(9)(B)(i)(II) due to a previous period of unlawful presence.  

Our client, a first-time waiver applicant nearing the end of the applicable 10-year bar, was issued a nonimmigrant waiver for a validity period of one year authorizing multiple entries for business or pleasure.  The validity of this waiver will last through the expiration of the applicable 10-year bar, at which time our client will no longer require a waiver in order to enter the U.S. as a visitor. 

Our client requires a waiver due to unlawful presence accumulated while she and her family remained in the U.S. beyond the expiration of their authorized periods of stay as B1/B2 visitors.  While in the U.S. as visitors, the family applied to immigrate to Canada but the Canadian immigration process took longer than expected.  When the family’s applications for extensions of stay were denied, they chose to remain in the U.S. only for the additional time needed to complete the Canadian immigration process.  Since she remained in the U.S. for just over one year beyond her authorized period of stay, our client is inadmissible for 10 years from the date of departure under INA § 212(a)(9)(B)(i)(II).  

In support of our client’s I-192 waiver application, we prepared a comprehensive legal brief in support of the application, which addressed each of the three (3) factors to be considered pursuant to the Board of Immigration Appeals (“BIA”) precedent decision: Matter of Hranka:

  1. The risk of harm to society if the applicant is admitted;
  2. The seriousness of the applicant’s immigration or criminal law violation; and
  3. The nature of the applicant’s reasons for wishing to enter the U.S.

We highlighted the non-criminal, non-violent nature of our client’s violation; that she poses no risk of harm to society if admitted, and finally emphasized her reasons for seeking entry, which included U.S. citizen family members residing in the U.S. 

Based upon this information, our client’s I-192 waiver application was approved for the duration of her period of inadmissibility. 

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