Today, my office received notice of approval of a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which was filed at the Peace Bridge Port of Entry on October 9, 2018. The processing time for this nonimmigrant waiver application was approximately seven (7) weeks. This was the applicant’s second nonimmigrant waiver application.
The applicant, a Canadian citizen, requires a nonimmigrant waiver to overcome a charge of inadmissibility under INA § 212(a)(6)(C)(i) - fraud/misrepresentation - that was lodged over eight (8) years ago.
In support of this waiver application, I prepared a detailed legal brief addressing each of the three (3) factors to be considered when adjudicating these waiver applications:
(1) The risk of harm in admitting the applicant;
(2) The seriousness of the acts that caused the inadmissibility; and
(3) The importance of the applicant’s reasons for seeking entry.
See Matter of Hranka, 16 I&N Dec. 491 (BIA 1978).
In this particular case, my brief emphasized the fact that the applicant’s sole ground of inadmissibility was neither criminal nor violent, and focused on the many charitable activities that the applicant has regularly engaged in since his inadmissibility as evidence of his rehabilitation. Finally, I discussed the applicant’s reasons for seeking entry, which included visits to the U.S. for both business and pleasure.
Based upon these factors, my client’s waiver application was approved for a validity period of five (5) years.