Table of Changes

I-192 Table of Changes (CBP and USCIS) 9-3-08.doc

Application for Advance Permission to Enter as Nonimmigrant (Pursuant to 212(d)(3) of the Immigration and Nationality Act)

Table of Changes

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I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A)(ii) Of the Immigration and Nationality Act]

Title of the Form

I-192, Application For Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3) of the INA]

I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A)(ii) of the INA]

I-192 Instructions

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Page 2, What Is the Purpose of This Form?













































Page 2, Where to File?









































































Page 2, What Is the Filing Fee?


















































































Page 3, Address Changes






















































Page 3, Processing Information.








































































































































































































































Page 3, USCIS Forms and Information



















What Is the Purpose of This Form?

For an alien who is otherwise not permitted to enter the United States to apply for permission to temporarily enter the United States.











































Where to File?

File this form with the local office with jurisdiction over the port-of-entry where the non-immigrant will enter the United States.






































































What Is the Filing Fee?


The filing fee for a Form is $545.00




Use the following guidelines when you prepare your check or money order for the Form I-192.


1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2. Make the check or money order payable to the U.S. Department of Homeland Security, unless:


A. If you live in Guam and are filing your petition there, make it payable to Treasurer, Guam.

B. If you live in the U.S. Virgin Islands and are filing your petition there, make it payable to Commissioner of Finance of the Virgin Islands.


C. If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. consulate or embassy for instructions on the method of payment.























NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."




Notice to Those making Payment by Check. If you send us a check, it will be converted into an electronic funds transfer (EFT)





How to Check If the Fees Are Correct.

The form and the biometric fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:



1. Visit our website at www.uscis.gov, select "Immigration Forms" and check the appropriate fee;


Address Changes.




If you change your address and you have an application or petition pending with USCIS, you may change your address on-line at www.uscis.gov, click on "Change your address with USCIS" and follow the prompts or by completing and mailing Form AR-11, Alien's Change of Address Card, to:


U.S. Citizenship and Immigration Services

Change of Address

P.O. Box 7134

London, KY 40742-7134



For Commercial overnight or fast freight services only, mail to:


U.S. Citizenship and Immigration Services

Change of Address

1084-I South Laurel Road

London, KY 40744




























Processing Information.



If the application is made because the applicant may be inadmissible due to present or past membership in or affiliation with any Communist or other totalitarian party or organization, there shall be attached to the application a written statement of the history of the applicant's membership or affiliation, whether the applicant held any office in the organization, and whether membership or affiliation was voluntary or involuntary. If involuntary membership or affiliation is alleged, there shall also be attached to the application a written statement to support said allegation.


If the application is made because the applicant may be inadmissible due to disease, mental or physical defect, or disability of any kind, the application shall describe the disease, defect or disability.





If the purpose of seeking admission to the United States is for treatment, there shall be attached to the application statements in writing to establish:

1. That satisfactory treatment cannot be obtained outside the United States;

2. That arrangements have been completed for treatment, and where and from treatment will be received;

3. What financial arrangements for payment of expenses incurred in connection with the treatment have been made; and

4. That a bond will be available if required by the Secretary of Homeland Security.



If the application is made because the applicant may be inadmissible due to conviction of crime, the designation of the crime, date and place of its commission and of conviction thereof, and sentence or judgment of the court shall be stated in the application. In such case the application should be supplemented by an official record of conviction and any other documents relating to commutation of sentence, parole, probation or pardon.




















































































































































































USCIS Forms and Information.

To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis.gov.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.




What Is the Purpose of This Form?


This form allows inadmissible nonimmigrant aliens to apply for advance permission to temporarily enter the United States.


Grounds of inadmissibility can be found in the Immigration and Nationality Act (INA) section 212(a).The statutory and regulatory basis for this form can be found in INA section 212(d)(3)(A)(ii) and Title 8 Code of Federal Regulation (CFR), part 212.4(b); and INA sections 212(d)(13) and (14); 8 CFR 212.16 and 17, and 8 CFR 214.11 and 214.14 for T and U visa applicants.


Who Should File This Form?


The form should be filed, if you are an inadmissible alien in one of the following categories:


A. Inadmissible nonimmigrant already in possession of appropriate documents


B.Applicant for T nonimmigrant status; or

C.Applicant for U nonimmigrant status.


Note: If you are seeking admission under the Visa Waiver Program (VWP) under INA section 217, you should NOT file this form. Aliens from VWP countries who are inadmissible must apply for a nonimmigrant visa at a U.S. Embassy or consulate for authorization to travel. You should contact the appropriate U.S. Embassy or consulate if you have any questions regarding your admissibility under VWP.


Note: Do not file this form, if you are a T visa applicant who is inadmissible under INA section 212(a)(4)(Public charge) because you are exempt from this ground of inadmissibility.




Where to File


A) Inadmissible Nonimmigrant Already In Possession Of Appropriate Documents.


1. The application is filed with U.S. Customs and Border Protection (CBP) in advance of the date of intended travel to the United States. Filing of this application is generally done in person at a CBP designated port of entry or a CBP designated preclearance office.

There are exceptions to in person filing. It is recommended that you contact the CBP preclearance office or the CBP port of entry where you intend to be processed before submitting your application. To find a CBP designated port of entry or a CBP designated preclearance office and to obtain information on required documentation and processing procedures, please visit the CBP Website at www.cbp.gov (go to the search box and type “Form I-192,” or “I-192” or “192” or “waiver”).


2. You will be required to submit fingerprints. If you are filing in person, you will be fingerprinted when you submit your application. If you apply where there is an exception to in-person filing requirement, you will be notified regarding arrangements for your fingerprinting. Generally, there is no additional charge.


3. Special Instructions for Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands: You may contact the nearest consulate of the U.S. Department of State to receive instructions on where and how to submit this form. You may also receive filing instructions by e-mailing the CBP/Admissibility Review Office (ARO) at [email protected]. Attorneys should address their inquiries to: [email protected].



B) Applicant for T Nonimmigrant Status


If you are an applicant for T nonimmigrant status but you are inadmissible, you should file this Form I-192 with the U.S. Citizenship and Immigration Services (USCIS) at the Vermont Service Center. The address is:


USCIS-Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001


C) Applicant for U Nonimmigrant Status


If you are an applicant for U nonimmigrant status, regardless of whether you are currently present in or outside the United States, and if you are inadmissible, you should file this Form I-192 with USCIS at the Vermont Service Center. The address is:


USCIS-Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001



What Is the Filing Fee and How Should I Pay?


The filing fee for this form is $545. All fees must be submitted in the exact amount. Do not mail cash.


Use the following guidelines when you prepare your check or money order for Form I-192:



1. Bank drafts, cashier’s checks, certified checks, personal checks, and money orders must be drawn on U.S. financial institutions and payable in U.S. funds.


2. Make the check or money order payable to U.S. Department of Homeland Security, unless:

A. You live in Guam and are filing your petition or application there; in this case, make it payable to Treasurer, Guam.

B. You live in the U.S. Virgin Islands and are filing your petition or application there; in this case, make it payable to Commissioner of Finance of the Virgin Islands.

C. You live outside the United States, Guam, or the U.S. Virgin Islands and are filing your petition or application where you live: in this case, contact the nearest U.S. Embassy or consulate of the U.S. Department of State for instructions on the method of payment.






D. When applying with CBP you must make your check or money order payable to U.S. Customs and Border Protection. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency. Certain CBP designated ports of entry and certain CBP designated preclearance offices may accept payment in the form of cash or credit cards.


It is recommended that you contact the CBP preclearance office or CBP port of entry where

you intend to be processed for payment instructions. Please visit the CBP Website at www.cbp.gov(go to the search box and type “Form I-192,” or “ I-192” or “192” or “waiver”).


3. Special Instructions for Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands: You may contact the nearest U.S. Embassy or consulate to receive payment instructions. You may also receive instructions by e-mailing the CBP/ARO at [email protected].


Note: Please spell out U.S. Department of Homeland Security or U.S. Customs and Border Protection; do not use the initials "USDHS," "DHS," or “CBP.”


Notice to Those Making Payments by Check. If you send USCIS a check...


How to Check if the Fees Are Correct

The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because fees change periodically, you can verify if the fees are correct by following one of the steps below:



1. Visit our website at www.uscis.gov, [remove space] select "Immigration Forms," and check the appropriate fee;



Address Changes


If You Have an Application Pending with USCIS


If you change your address and you have an application or petition pending with USCIS, you may change your address online at www.uscis.gov. Click on "Change your address with USCIS" and follow the prompts. You may also change your address by completing and mailing Form AR-11, Alien's Change of Address Card, to:

U.S. Citizenship and Immigration Services

Change of Address

P.O. Box 7134

London, KY 40742-7134


For commercial overnight or fast freight services only, mail to:


U.S. Citizenship and Immigration Services

Change of Address

1084-I South Laurel Road

London, KY 40744


In addition to the above, you should notify the USCIS office where your application or petition is currently pending of your change of address. You can find contact information on the receipt notice (Form I-797) that was sent to you for Form I-192.


If You Have an Application Pending With CBP


You may change your address by writing via regular mail or via e-mail to:


Mailing address:

Admissibility Review Office/U.S.Customs and Border Protection

12825 Worldgate Drive

Herndon, VA 20170


E-mail address:

[email protected].






What Must Be Submitted With the Application?


Please read the instructions carefully. Depending whether you submit the application with CBP or with USCIS, you may have to submit additional information.


1. General Information Required to Complete

Form I-192


If you are filing this application with CBP, please submit the additional documentation listed in item 2 below.


A. Inadmissible on Foreign Policy or National Security Grounds under INA Section 212(a)(3)


If you are inadmissible under any provision of INA section 212(a)(3)(A)(i)(II), (B), (E)(iii) or (F), please submit a written statement with your application, signed under penalty of perjury under U.S. law. The written statement should explain in detail why you are inadmissible and why you believe you should be admitted.


Note: Do not file this application if you are inadmissible under INA section 212(a)(3)(A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i) or (E)(ii). INA section 212(d)(3)(A) does not permit the nonimmigrant admission of an alien inadmissible on one of these grounds.


Note: Do not file this application if you are inadmissible under INA section 212(a)(3)(D) for being a member of a Communist or other totalitarian party, since this inadmissibility ground applies to immigrants, but not nonimmigrants.




B. Inadmissible Because of Health-Related Grounds of Inadmissibility under INA Section 212(a)(1)


If you file this application because you are inadmissible because of health-related grounds of inadmissibility, you should describe the health-related grounds in detail.


If you are seeking admission to the United States for the treatment of a medical condition, you have to attach a written statement establishing:

1. That satisfactory treatment cannot be obtained outside the United States;

2. That arrangements for treatment have been made, including where and from whom or what institution treatment will be received;

3. What financial arrangements for payment of expenses (incurred in connection with the treatment) have been made; and

4. That a bond will be available, if required by the Secretary of Homeland Security.


C. Inadmissible Because of Criminal Conviction(s) and Related Grounds under INA Section 212(a)(2)

If the application is made because you have been convicted of one (1) or more crimes, anywhere in the world, your application should include a statement, signed by you under penalty of perjury under U.S. law, specifying (list each crime separately):

  • Name of the crime for which you were convicted, and the country in which you were convicted;

  • The date and place of the commission of the crime; and

  • The date and place of conviction (including the name of the court); and

  • The sentence you received or any other judgment from the court related to the crime.


For each conviction, you must submit the official record of each conviction, and all court dispositions, as well as any other documents relating to the commutation of sentence, parole, probation, or pardon. An official letter from the court of jurisdiction stating the reason why an official record is not available may be submitted.


These records must be in English or an English translation must be included. The translator must certify that he /she is competent to translate and that the translation is accurate.


D. For All Other Grounds of Inadmissibility Under INA Section 212(a)

If you are inadmissible under any ground not listed above, you must provide a statement signed by you under penalty of perjury that specifies the applicable ground of inadmissibility, the factual basis for your inadmissibility, and reasons for claiming that you should be granted advance permission to enter the United States.


2. Required Additional Information When Filing Form I-192 with CBP


If you file the application with CBP, you must submit the following additional documentation:


  1. Submit proof of citizenship and identity, such as passport, citizenship card with photograph, naturalization certificate, or birth certificate. Note that a driver’s license is not considered proof of citizenship but may accompany a copy of another document. Copies of these documents are acceptable.

  2. Completed Form G-325A, Biographic Information, signed and dated by you;

  3. If you have ever used a name other than your full legal name as provided on the form: You must list any names ever used, including names from previous marriages. Evidence of any legal name changes, such as marriage certificates, divorce decrees, etc. should be included. Copies are acceptable.

  4. Please ensure that in Item 5, you list a current and complete address, including a postal code. You may use a P.O. Box for mailing purposes. You must also list your complete and current address on all forms and correspondence you send to CBP.

  5. Each application should contain your official police record or evidence that no record exists, from your country of residence or nationality. This record is valid for 15 months from the date of issuance for submission with your Form I-192.


Canadian filers: You can obtain the above noted information from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C-216C. 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 application. For instructions, addresses, and payment information, please visit the RCMP website at: www.rcmp-grc.gc.ca/.

F. If you retained an attorney to file the application, counsel must complete Form G-28, Notice of Entry of Appearance as Attorney or Representative.


G. Recommended Supporting Documentation:


Evidence and/or a written account demonstrating rehabilitation and character

reformation related to your being inadmissible. The focus of such evidence should include, but is not limited to, targeted counseling, rehabilitation programs attended/completed, achievements in community service, or other relevant, credible information showing rehabilitation and character reformation.


A copy of any previously issued Form I-192

decisions (favorable or otherwise).



3. Processing Information About the Adjudication of Form I-192


Note: It is important to fully disclose all grounds of inadmissibility that apply or may apply to you. If the form is approved, the approval is only valid for the grounds of inadmissibility that were listed on the form.


A. If you file this application with CBP: The ARO will make a decision on your application. You will be notified in writing of the decision The decision will be mailed to the address provided on the application. It is recommended that you wait until after more than 90 days have passed from submission of your application, before making a status inquiry. Status inquiries are made via e-mail at the following address: [email protected]. Attorneys should send their inquiries to: [email protected].


Please refer to the CBP website at www.cbp.gov for further information. Type in the search box, “Form I-192” for information about inadmissibility in general and as it relates to your particular situation, such as criminal issues or specific medical conditions.


B. If you file this application with USCIS: USCIS will adjudicate the application and notify you of the decision at the address you provided in the application. If you have any questions about your case, please call USCIS' toll-free number at 1-800-375-5283 or visit the USCIS website at www.uscis.gov. You can also write to the Vermont Service Center. The address is:


USCIS-Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001



4. How Long Is an Approved Form I-192 Valid?


If your application for advance permission to enter as a nonimmigrant is granted, the permission will be valid for the duration stated on the approval, subject to the conditions imposed on your admission. Advance permission to enter as a nonimmigrant is granted at the discretion of DHS, and may be revoked at any time. See 8 CFR 212.4(c)(1)(viii).


If you leave the United States, and if the approval is no longer valid, you will need to file a new application for the purpose of future entries. A prior approval of Form I-192 cannot be revalidated. See 8 CFR 212.4(c)(3)(vi).



USCIS Forms and Information

To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis.gov.







I-192 Form

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New

Page 1 on the top after instructions



Page 1 on the top, after (Please read instructions...)















Page 1: 5. Present Address



Page 1, Item 12








Page 1, Between Item 13 and 14



Page 1, Between Item 13 and 14






Page 1, Item 14



















Page 1. Item 15








































(Please read instructions on Page 2 and 3)










I hereby apply to the Secretary of Homeland Security for permission to enter the United States temporarily under the provisions of section 212(d)(3) of the Immigration and Nationality Act (INA).






5. Present Address



I believe that I may be inadmissible to the United States for the following reason and no others





14. I understand that the information herein contained may be used in any proceedings (including civil or criminal judicial proceedings, or deportation or removal proceedings) hereafter instituted against me.


I certify that the statements above and all attachments hereto are true and correct to the best of my knowledge and belief.


Signature of the Applicant



Date






15. Signature of person preparing form, if other than applicant

I declare that this document was prepared by me at the request of the applicant and is based on all information of which I have any knowledge.


Signature

Address

Date

(Please read instructions to the form).










I hereby apply to the Secretary of Homeland Security for

permission to enter the United States temporarily under the provisions of section 212(d)(3)(A)(ii) of the Immigration and Nationality Act (INA).






5. Present Address, Telephone Number, and E-mail Address



I believe that I may be inadmissible to the United States for the following reason(s) and no others:





If you are an applicant for T or U nonimmigrant status, you do not need to answer questions 14 through 17.


14. Have you ever been in the United States for a period of six months or more? If yes, when, for how long, and in what immigration status?



15. Have you ever filed an application or petition for immigration benefits with the U.S. Government, or has one even been filed on your behalf? If yes, please list the applications and/or petitions, the filing locations, and describe the outcome of each application/petition (for example: denied, approved, pending).



16. Have you ever been denied or refused an immigration benefit by the United States Government, or had a benefit revoked or terminated (including but not limited to visas)? Please describe in detail.


17. Have you ever, in or outside the United States, been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding minor traffic violations? Please describe in detail. Include all offenses where impaired driving may have been an issue.




Change 14 to 18]


18. Applicant's Signature and Certification

I understand that the information herein contained may be used in any proceedings (including civil, criminal, immigration, or any other judicial proceeding) hereafter instituted against me.

I certify that the statements above and all attachments hereto are true and correct to the best of my knowledge and belief.

Signature of the Applicant/Signature of Guardian or Family Member (if Applicant is unable to sign)


Date



[Change 15 to 19]


19. Preparer's Signature and Certification

I declare that this document was prepared by me at the request of the applicant or qualified relative/legal guardian of the applicant, and it is based on all information of which I have knowledge and/or was provided to me by the above named person in response to the exact questions contained on this form. I have not knowingly withheld any information.


________________________

Preparer's Signature


Address


Date


20

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