Forms I-192 & I-212 Approved

Our office received notice over the weekend of approval of a client’s Forms I-192 & I-212 waiver applications, which were submitted at the Edmonton Airport only four (4) months ago.  This was our client’s first time applying for U.S. waivers. 

Our client, a native of Pakistan and citizen of Canada, required these waivers in order to overcome a period of five (5) years unlawful presence in the U.S. and a previous order of removal from the U.S.  He entered the U.S. illegally over 10 years ago after paying a smuggler to get him into the U.S. surreptitiously via the U.S.-Mexican border.  He then remained living in the U.S. unlawfully for a period of five (5) years.  During that time, he was placed into removal proceedings and ordered removed by an Immigration Judge.  Shortly thereafter, he self-deported to Canada where he was able to obtain permanent residence and eventually Canadian citizenship. 

After five (5) years outside the U.S., our client finally applied for the necessary waivers to return to the U.S. for both personal and business reasons.  He required Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, in order to overcome his previous period of unlawful presence.  He required Form I-212, Application for Permission to Reapply for Admission Into the U.S. After Deportation/Removal, in order to overcome the previous removal order issued against him by an Immigration Judge in 2004. 

In support of his waiver applications, our office prepared two (2) separate application packages for our client – one for each waiver.  In support of each application, we prepared a comprehensive legal brief addressing each of the factors for consideration set forth by precedential case law.  

Adjudication of Forms I-192 is governed by the law set forth by the Board of Immigration Appeals (“BIA”) in its landmark decision, Matter of Hranka.  As set forth in that case, the adjudicating officer must consider and balance three (3) factors: 

1. Risk of harm to society if admitted;
2. Seriousness of violation/offense leading to inadmissibility; and
3. Reasons for seeking entry to the U.S. 

Traditionally, this standard for adjudication of Forms I-192 is more difficult to meet than the standard for Forms I-212, which is more lenient.  Adjudication of Forms I-212 is governed by the law set forth by the BIA in its landmark cases: Matter of Tin and Matter of Lee.  Those cases indicate that the adjudicating officer is to consider “all relevant factors.”  Click here to read more about I-212 factors for consideration. 

Our client was a good candidate for both waivers, as he has no criminal record anywhere in the world.  His only offenses involved the U.S. immigration law.  He also has very strong reasons for seeking entry into the  U.S. 

Specifically, in order to advance any further within his company, our client required the ability to travel and so we were able to make the argument that a nonimmigrant waiver approval would open up his opportunities for promotion.  Most importantly, however, the ability to travel to the U.S. will allow our client to visit his parents, sister and her family who are permanent residents of the U.S.  We were able to demonstrate that our client’s parents were ill and, therefore, unable to travel to visit their son in Canada.  Furthermore, we showed that our client's wife and newborn child had never met his family.  With permission to visit the U.S., our client can now enjoy holidays and special occasions together with his entire family. 

Our client’s I-212 waiver was approved for the remainder of the 10-year bar post-removal order.  The I-192 waiver, however, was only approved for a period of one (1) year, and must be renewed throughout the 10-year period of inadmissibility that began to run on the date he departed the U.S. five (5) years ago.  While most first-time nonimmigrant waivers are approved for a relatively short period of time (6 months or 1 year typically), so long as our client remains respectful of U.S. laws, he should be able to obtain a waiver for a longer validity period the next time around.