The U visa waiver of inadmissibility is a discretionary benefit. This means that aside from a few hard rules such as a history of genocide or participation in Nazi persecution, you could use a u visa waiver to help you overcome grounds of inadmissibility.
To get such a waiver, you must fill out Form I-192, also known as the Application for Advance Permission to Enter as a Nonimmigrant. This will be submitted with your U visa application. You have to also show how it is is the public’s best interest for this waiver to be granted. Ultimately, the USCIS has total say over whether or not your u visa waiver of
inadmissibility will be granted.
What Does it Mean to Be Inadmissible?
If you are classified as inadmissible, this means that regardless of whether or not you have a job waiting for you or other plans to enter the U.S., you cannot enter or applying for green cards or other immigration documents. This is largely due to problems in your past, such as criminal convictions.
What makes the U.S. unique is that for most circumstances, you still have the opportunity to appeal these grounds of inadmissibility by submitting a waiver known as form I-192. The USCIS reviews each of these cases individually and when the application is decided in your favor, this enables you to enter the country.
What Happens if You’re Deemed Inadmissible?
Common issues associated with inadmissibility that would prompt you to seek a waiver include failure to receive government-recommended vaccinations, multiple criminal convictions on your record, violations of immigration laws in the country, prostitution, drug abuse, or a communicable disease.
Applicants deemed inadmissible will not be allowed a green card, visa, or entry into the U.S. without a u visa waiver of inadmissibility.
How to Apply for a U-Visa Waiver
When preparing your application for a waiver of inadmissibility, you need to have your supporting evidence organized. The assistance of an immigration attorney is strongly recommended as you submit your application for a U visa waiver.
You must complete Form I-192 in order to apply for this waiver. You’ll need to provide information about yourself, your travel details, when you plan to enter and your approximate time in the country, and supporting documents. This information is reviewed by USCIS to see whether or not you qualify to be admitted into the country despite inadmissibility issues.
You file this application with U.S. Customs and Border Patrol prior to your intended travel into the U.S. The filing fee is $930 for an immigration waiver of inadmissibility.
Supporting Documents
Your U visa lawyer will help you determine what supporting documents are recommended for your individual case. Since it’s your responsibility to present a compelling picture for USCIS about why you deserve to enter despite inadmissibility issues, you need to ensure you have a strong package.
Criminal Records
Criminal record show that you were a victim of a crime. When this is the primary basis of your U visa waiver of inadmissibility application, you need to reference court records or police records to support your story.
Medical Records
Your medical records are the proof that you suffered harm because of a crime. Examples of medical records include letters from counselors or treating doctors. If you get continuous treatment in the U.S. for those issues that you cannot get at home, mention that as well.
Affidavit
A signed affidavit explains the crime against you and how you suffered serious harm and worked with law enforcement. This document goes into the details of the crime. However, it’s also your opportunity to show your ties to the U.S. and how you have been rehabilitated since then.
Letters of Support
Employers, clergy members, family, and friends can all help you with statements about your character traits. Consider asking for a letter from people who know your true character. These letters should discuss how you’re a hard worker, a good person, and a meaningful member of your community.
Evidence of Hardship
If you can show that you would suffer hardship if you had to return to your home country, provide details of this. You might also have suffered trauma as a victim of crime and sharing information about this could help to bolster your application.
How Does the USCIS Determine Who Gets a U-Visa Waiver?
Most experienced immigration lawyers consider the I-192 waiver form as way for you to present all documents and evidence in your favor in an effort to tip the scales. This is a way for you to show that all the positive factors mentioned in your favor on the applicable should be considered greater than inadmissibility concerns and will show that it’s in the best interest of the country to grant the waiver.
Examples of factors you should include here are ties to U.S. family members, community involvement, hardships you might face if you had to go back to your country of origin, assistance with law enforcement, or any problems you experienced as a victim of a crime. These kinds of materials are reviewed by the USCIS and could help your waiver application.
Contact Attorney Eric Price Today!
Attorney Eric Price has years of experience helping clients with complex immigration concerns, including getting a waiver of inadmissibility. When it comes to preparing documents, he understands the importance of details and appropriate presentation in your inadmissibility application. Rely on his experience and knowledge in the field to help you with the u visa waiver of inadmissibility. Contact LA’s best immigration lawyer today for help with the u visa waiver application process.
