Monday, November 1, 2010

Form I-192 and Form I-824 Application for Advance Permission to Enter as a Non-Immigrant

Form I-192 and Form I-824




Form I-192: Application for Advance Permission to Enter as a Non-Immigrant

Form I-824: Application for Action on an Approved Application or Petition



There are many reasons why a person may be ineligible to enter the United States. The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below. This information should not be interpreted to be a comprehensive list of reasons you may be denied entry into the United States. ( Legal Descriptions ) In general, you might be denied entry:





If you have a communicable disease,

If you have a criminal record for crimes of moral turpitude,

For possession of or trafficking in a controlled substance,

If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),

If you have trafficked in persons,

If you have been involved in money laundering,

If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

Again, this list is not comprehensive and you should use the legal descriptions link to read the complete list. ( Legal Descriptions )



The list of crimes of moral turpitude that are reasons for exclusion from the United States is also quite detailed. ( List of Crimes of Moral Turpitude ) The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.





Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, or you are a nonimmigrant with appropriate documents who subsequently becomes inadmissible, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of US $545.00 per application regardless of the decision on the application.





The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A) of the Immigration and Nationality Act (INA)], is on the U.S. Citizenship and Immigration Services’ web site, as well as instructions for filling it out. The Form I-192 can be downloaded at the U.S. Citizenship and Immigration Services Immigration Forms website (Form I-192). ( Form I-192 ) This form should be filed with CBP if you are an inadmissible visa exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation). Please note that only forms with the expiration date 11/30/2009 in the upper right hand corner are acceptable. After February 20, 2009, older versions of the form cannot be used.





If you are an applicant for T nonimmigrant status or an applicant for U nonimmigrant status and you are inadmissible, you should file your Form I-192 with U.S. Citizenship and Immigration Services.





Landed Immigrants and certain Canadians who require a visa (e.g. for E, K, or V status applicants) to enter the United States, but are ineligible for one of the reasons previously mentioned should contact a local United States Consulate to discuss their situation. Likewise, citizens of other countries may discuss waivers of ineligibility with a consular officer if they are likely to be denied entry for one of the previously mentioned reasons. Consular officers may recommend a waiver for certain ineligible visa applicants.





The Form I-192 application package must include the following:







Evidence of your Citizenship.

Completed form I-192 signed and submitted by you (no copies). If you retained an attorney to file this application, counsel must complete form G-28. ( Form G-28 )

U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.

A Form G-325A, completed and signed by you. Please ensure that all copies of this form are legible. ( Form G-325A )

Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from your country of residence or nationality. This record is valid for 15 months.



Canadians: You can obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website. ( RCMP ) Do not submit the Form I-192 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.

If you have a criminal record in any other country's court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.

A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.

If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. Additionally you should submit any evidence or explanation of your reformation of character or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.

If you have been found inadmissible under section 212(a)(9)(B) of the Immigration and Nationality Act (unlawfully present in the United States) please submit detailed information regarding:

Current foreign employment.

Previous U.S. employment.

Family members presently living in the United States.

Past and current United States and/or foreign business investments.

Any and all ties you have to your present foreign country/residence.



Payment must be with a certified check in U.S. funds drawn on a U.S. bank for the $545.00 application fee.



Not all ports of entry are able to process applications for temporary waivers in advance of travel. ( Ports )



If the original of an approved decision for Form I-192, Application for Advance Permission to Enter as Non-Immigrant, has been lost, stolen or mutilated, a replacement for the decision may be requested from the US Customs and Border Protection’s Admissibility Review Office (ARO). You may also obtain a replacement for a previously issued indefinite decision that was issued in conjunction with Form I-185, Nonresident Alien Canadian Border Crossing Card (BCC).





Note: Form I-185 is no longer issued however, you may obtain a replacement for a previously issued indefinite waiver if the waiver authorization has not been revoked or voided.



A replacement for an approved decision that is still valid may be requested by submitting Form I-824, Application for Action on an Approved Application or Petition. You can obtain Form I-824 at the U.S. Citizenship and Immigration Services website: ( U.S. Citizenship and Immigration Services )





If your approval decision expires in less than 6 months, you may want to consider submitting a new Form I-192 application.

The completed Form I-824 application, with $340 US fee and a short explanation of why a replacement is required, can be mailed to U.S. Customs and Border Protection, Admissibility Review Office, 12825 Worldgate Dr, Herndon, VA 20598-1340 or submitted in person at a designated CBP land border or Canadian preclearance airport.





If you are paying with a check or money order, it must be drawn on a United States bank or financial institution and payable in U.S. currency. Make the check or money order payable to U.S. Department of Homeland Security.

Filing at a Land Border Port of Entry:

For Ports of Entry - you may file in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. The following is a list of designated ports that accept the Form I-192 and Form I-824 in advance of travel.





Boston Field Office Port Address

Portland Port of Entry

312 Fore Street

Portland, ME 04101

Phone: (207) 771-3600 begin_of_the_skype_highlighting (207) 771-3600 end_of_the_skype_highlighting

Fax: (207) 771-3608





Houlton Port of Entry

27 Customs Loop

Houlton, ME 04730

Phone: (207) 532-2131 begin_of_the_skype_highlighting (207) 532-2131 end_of_the_skype_highlighting x 0

Fax: (207) 532-4153





Fort Fairfield Port of Entry

4 Boundry 4 Line Road

Fort Fairfield, ME 04742

Phone: (207) 473-7474





Ft. Kent Port of Entry

401 West Main Street

Fort Kent, ME 04743

Phone: (207) 834-5255 begin_of_the_skype_highlighting (207) 834-5255 end_of_the_skype_highlighting





Van Buren Port of Entry

137 Bridge Street, P.O. Box 146

Van Buren, ME 04785

Phone: (207) 868-3391 begin_of_the_skype_highlighting (207) 868-3391 end_of_the_skype_highlighting





Madawaska Port of Entry

63 Bridge Avenue, Suite 101

Madawaska, ME 04756

Phone: (207) 728-4376 begin_of_the_skype_highlighting (207) 728-4376 end_of_the_skype_highlighting x 0





Calais Port of Entry

3 Customs Street

Calais, ME 04619

Phone: (207) 454-3621 begin_of_the_skype_highlighting (207) 454-3621 end_of_the_skype_highlighting





Jackman Port of Entry

2614 Main Street

Sandy Bay Twp, ME 04945

Phone: (207) 668-3711 begin_of_the_skype_highlighting (207) 668-3711 end_of_the_skype_highlighting





Highgate Springs Port of Entry

480 Welcome Center Road

Swanton, VT 05488

Phone: (802) 868-2778 begin_of_the_skype_highlighting (802) 868-2778 end_of_the_skype_highlighting



Richford Port of Entry

705 Province Street

Richford, VT 05476

Phone: (802) 848-7766 begin_of_the_skype_highlighting (802) 848-7766 end_of_the_skype_highlighting



Derby Line Port of Entry

107 Interstate 91 South

Derby Line, VT 05830

Phone: (802) 873-3219 begin_of_the_skype_highlighting (802) 873-3219 end_of_the_skype_highlighting



Norton Port of Entry

115 Rte. 147 N.

Norton, VT 05907

Phone: (802) 822-5222 begin_of_the_skype_highlighting (802) 822-5222 end_of_the_skype_highlighting





Buffalo Field Office Port Address

Buffalo - Peace Bridge Port of Entry

Monday - Thursday

5:00 PM - 9:00 PM





Champlain - Port of Entry

Monday - Thursday

For an appointment call (518) 298-8346 begin_of_the_skype_highlighting (518) 298-8346 end_of_the_skype_highlighting



Lewiston / Queenston Bridge Port of Entry

Monday - Thursday

2:00 PM - 9:00 PM





Massena - Port of Entry

Monday - Thursday

9:00 AM - 3:00 PM

For an appointment call (315) 769-3091 begin_of_the_skype_highlighting (315) 769-3091 end_of_the_skype_highlighting



Niagara Falls - Rainbow Bridge

Monday – Thursday

9:00 AM - 3:00 PM

Sunday (October- May only)

5:00 PM - 9:00 PM





Ogdensburg - Port of Entry

Monday - Thursday

9:00 AM - 3:00 PM

For an appointment call (315) 393-1390 begin_of_the_skype_highlighting (315) 393-1390 end_of_the_skype_highlighting



Thousand Islands Bridge Port of Entry (Alexandria Bay)

Monday - Thursday

9:00 AM - 3:00 PM

For an appointment call (315) 482-2065 begin_of_the_skype_highlighting (315) 482-2065 end_of_the_skype_highlighting







Seattle Field Office Port Address

Pacific Highway Port of Entry

9950 Pacific Highway

Blaine, WA 98230

Monday and Wednesday

9 AM-3:00 PM





Sumas Port of Entry

109 Cherry Street

Sumas, WA 98295

Tuesday and Friday

9:00 AM - 3 PM





Lynden Port of Entry

9949 Guide Meridian Road

Lynden, WA 98264

Thursday Only

9 AM - 3 PM





Oroville Port of Entry

33643 Hwy 97 North

Oroville, WA 98844

Monday-Friday

9 AM - 3 PM





Eastport Port of Entry

Highway 95 North

Eastport, ID 83826

Monday-Fri

9 AM - 3 PM





Roosville Port of Entry

8395 Highway 93 North

Eureka, MT 59917

Monday-Friday

9 AM - 3 PM





Sweetgrass Port of Entry

Interstate 15 North

Sweetgrass, MT 59484

Monday-Friday

9 AM - 3 PM





Raymond Port of Entry

Highway 16 North

Raymond, MT 59256

Monday-Friday

9 AM - 3 PM





Portal Port of Entry

301 W. Railway Ave

Portal, ND 58772

Monday-Friday

9 AM - 3PM



Pembina Port of Entry

112 W. Stutsman

Pembina, ND 58271

Monday-Friday

9 AM - 3PM



Dunseith Port of Entry

State Highway

Dunseith, ND 58239

Monday-Friday

9 AM - 3 PM



International Falls Port of Entry

2nd Avenue

International Falls, MN 55649

Monday-Friday

9 AM - 3 PM



Grand Portage Port of Entry

9403 Highway 61

Grand Portage, MN

Monday-Friday

9 AM - 3 PM



Del Bonita Port of Entry

4071 Chalk Butte

41 miles north of Cut Bank on Hwy. 213

Cut Bank, MT 59427-9109

(406) 336-2130 begin_of_the_skype_highlighting (406) 336-2130 end_of_the_skype_highlighting

Monday-Friday

9 AM - 3 PM



Morgan Port of Entry

53869 US Highway 191 N.

Loring, MT 59537-9600

(406) 674-5248 begin_of_the_skype_highlighting (406) 674-5248 end_of_the_skype_highlighting

Monday-Friday

9 AM - 3 PM



Opheim Port of Entry

6071 State Highway 24 North

Opheim, MT 59250-0376

(406) 724-3212 begin_of_the_skype_highlighting (406) 724-3212 end_of_the_skype_highlighting

Monday-Friday

9 AM - 3 PM



Piegan Port of Entry

10 miles North of Babb on Highway 89

Babb, MT 59411-0109

(406) 732-5572 begin_of_the_skype_highlighting (406) 732-5572 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Scobey Port of Entry

HWY 13 North at Canadian Border

Scobey, MT 59263-2300

(406) 783-5375 begin_of_the_skype_highlighting (406) 783-5375 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Turner Port of Entry

12 miles North of Turner on Highway 24

Turner, MT 59542-0089

(406) 379-2651 begin_of_the_skype_highlighting (406) 379-2651 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Whitetail Port of Entry

Highway 511 North at Canadian Border

Whitetail, MT 59276-0038

(406) 779-3531 begin_of_the_skype_highlighting (406) 779-3531 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Wild Horse Port of Entry

29966 Wild Horse Road, Highway 232

Havre, MT 59501-8058

(406) 394-2371 begin_of_the_skype_highlighting (406) 394-2371 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Willow Creek Port of Entry

29942 St Joe Road

Havre, MT 59501-8072

(406) 398-5512 begin_of_the_skype_highlighting (406) 398-5512 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Porthill Port of Entry

Highway 1 at Canadian Border

Porthill, ID 83853-0040

(208) 267-5309 begin_of_the_skype_highlighting (208) 267-5309 end_of_the_skype_highlighting

Monday-Friday

9 AM -3 PM



Baudette Port of Entry

PO Box 617, HWY 72 North

Baudette, MN 56623

Monday-Friday

9 AM - 3 PM



Warroad Port of Entry

41781 State Highway 313

Warroad, MN

Monday-Friday

9 AM - 3 PM



Peace Arch Port of Entry

100 Peace Portal Drive

Blaine, WA 98230

Monday-Friday

9 AM - 3 PM



Danville Port of Entry

19130 Highway 21 N.

Danville, WA 99121

Monday-Friday

9 AM - 10 PM



Laurier Port of Entry

27017 Highway 395 N.

Laurier, WA 99146

Monday-Friday

9 AM - 10 PM



Frontier Port of Entry

4939 Highway 25 N.

Northport, WA 99157

Monday-Friday

9 AM - 3 PM



Metaline Falls Port of Entry

26781 SR 31

Metaline Falls, WA 99153

Monday-Friday

9 AM - 10 PM



Detroit Field Office Port Address

Detroit Canada Tunnel Port of Entry

150 E. Jefferson

Detroit, MI 48226

Monday-Friday

8 AM to 4 PM



Blue Water Bridge Port of Entry

1410 Elmwood

Port Huron, MI 48060

Monday-Friday

8 AM to 4 PM



International Bridge Port of Entry

900 International Bridge Plaza

Sault Ste Marie, MI 49873

Monday-Friday

8 AM to 4 PM





Filing at a Preclearance Office:

You may also file your application with a CBP Preclearance office in Canada. You must appear in person and the U.S. set of fingerprints will be taken at that time. There is no additional biometrics fee for fingerprinting. ( Preclearance Locations )





It is highly recommended that you contact the Preclearance office where you plan to submit your application. You will be able to verify hours of operation and ask any questions that you may have. Contact numbers and address can be found at CBP.gov website. ( www.cbp.gov )





For Review:

Legal language states that the Form I-192 and accompanying documents are filed in advance of travel and is limited to the class of aliens where a nonimmigrant visa is not required or an inadmissible nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. Most citizens of Canada may use this form and submit their application at a major Port of Entry at the U.S. Border or a CBP Preclearance office in Canada. The application and required documents should be filed well in advance of travel.





Checking the status of your waiver request:

Please allow at least 90 days from the date of submission of your Form I-192 before making an inquiry about the status of your application. A full review of your circumstances can take up to a year, and requests for status updates may add to that timeline. However, if for some reason you are concerned about the status of your request, and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007 you may ask for an update by emailing inquiry.waiver.aro@dhs.gov. In the email, be sure to provide your full name, DOB and your A number. If you filed at a land border port of entry prior to August 26, 2007, please contact them directly. Phone numbers are on our web site. ( Ports )





Any applications that were filed at locations within the jurisdiction of the following field offices after the time frames listed below, are now being processed by the Admissibility Review Office.





Boston Field Office ports of entry: May 2007

Buffalo Field Office ports of entry: June 2007

Detroit Field Office ports of entry: Mid-July 2007

Seattle Field Office ports of entry: September 2007





Queries regarding the status of these applications may be made by submitting an electronic request, at least 90 days after submission of the application, to the following email addresses:

Inquiries about the status of a pending waiver request: inquiry.waiver.aro@dhs.gov



Attorney inquiries: attorneyinquiry.waiver.aro@dhs.gov



If you have submitted an application and you have had a change of address please remember to notify ARO by e-Mail inquiry.waiver.aro@dhs.gov or mail:

US Customs and Border Protection

Admissibility Review Office

7th Floor Mail Stop 1340

12825 Worldgate Dr

Herndon, VA 20598-1340

1 comment:

  1. Thank you for this article it gives information about FormI-192 and Form I-824 application in the context of US Immigration.

    US Visa Waiver

    ReplyDelete

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