Filling Out Form I-192 for a U Visa Waiver of Inadmissibility
Inadmissibility a problem in your U visa application? Here's how to overcome it.
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Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, is used to apply for a waiver of inadmissibility for U visa and certain other nonimmigrant visas. For the purposes of this article, we will cover only how to complete form I-192 for a U visa applicant. (For line-by-line instructions on completing the U visa application for U.S. Citizenship and Immigration Services (USCIS), see “Filing an I-918 Petition for a U Visa.”)
The instructions below will discuss how to fill out the form and offer suggestions about the types of supporting documentation that might be included in an I-192 waiver application. For more information about the eligibility requirements for an I-192 waiver, see “How to Qualify for Waiver of Inadmissibility as A U Visa Applicant.”
Line-by-Line Instructions for Completing Form I-192
Form I-192 is available for free download from the I-192 page of the USCIS website.
File No: At the top of the form is a place for your Alien Registration Number (“A Number”). Many applicants will not have this number unless they were once a permanent resident or were ever in removal proceedings. If you do not have an A Number, leave this section blank.
Questions 1-4: Provide your name, date and place of birth, and your present citizenship or nationality.
Question 5-6: Provide your present address and telephone number. Do not worry if you do not have an email address. For Question 6, include all the addresses where you have resided for the past five years, starting with your current address. If you have only lived in one place, write “Same as above.”
Questions 7-10: Most U visa applicants apply for I-192 waivers from within the U.S., therefore, questions 7, 8, 9, and 10 are not applicable to most applicants. If you are currently in the U.S., write “N/A” in the blanks for these questions. If you are applying from abroad, provide the requested information, including:
- Desired Port of Entry Into the United States: This question asks you for the city and state in the U.S. where you will most likely enter on your U visa. For example, write “San Francisco, CA,” if you plan on flying directly to San Francisco from your current country of residence. Don’t worry if you eventually change your travel plans, as you are not limited to a single port of entry.
- Means of Transportation: Here you will write the means of transportation you will use to enter the United States. For example, write “airplane,” if you plan on flying directly to the U.S. from your current country of residence.
- Proposed Date of Entry: Include the estimated date you would like to enter or write ”as soon as possible after application is approved.”
- Approximate Length of Stay in The United States: You do not need to specify a time period as the expiration date of your U visa will be determined by USCIS. You should write “duration of U nonimmigrant status” in this question space.
Question 11: USCIS wants to know what you plan to do when you arrive. You may simply write “I am applying for U Nonimmigrant Status” or provide information about how you are currently helping law enforcement prosecute the criminals who victimized you. For example, “I am applying for U status in order to aid police and prosecutors investigate and punish the criminals responsible for the crime against me.”
Question 12: I believe I may be inadmissible to the United States for the following reason(s) and no others: This is probably the most important question on the application, as it requests you to state why you need the waiver. Ideally you will complete this application with the help of an attorney who can properly analyze what grounds of inadmissibility apply to you. When completing the form, write both the statutory code and a brief written explanation to make sure you are citing the correct statutes. For example, you would write: “I.N.A. 212(a)(6)(A) for my unlawful entry into the U.S.” if you are inadmissible for entering the U.S. without being inspected by an immigration officer. If you are inadmissible for more than one reason, make sure to include all applicable statutes and reasons. Note that the public charge ground of inadmissibility does not apply to U visa applicants.
Question 13: I have or have not previously filed an application for advance permission to enter as a nonimmigrant: If you have filed a U visa application before, indicate the date when and immigration office where you submitted that application and check the applicable box.
Questions 14-17 do not apply to U Visa applicants. Leave these questions blank and skip to Question 18, where you sign and date the form.
Question 19: If an attorney or someone else helped you prepare the form, that person should also complete and sign where indicated. Otherwise, you may leave this question blank.
What to Include With Your Waiver Application
Form I-192 is relatively short and simple to complete, especially if you are applying from within the United States. However, depending on how many inadmissibility issues you have, the application for an I-192 waiver may require a substantial amount of supporting documentation. For this reason, we again recommend that you get help from an immigration attorney to prepare a successful waiver application.
Below is a brief list of certain types of documents an attorney might request that you include as part of your I-192 waiver application. The list is not exhaustive, as the facts of your particular case may require different types and amounts of documentation. Most often, the waiver application is submitted at the same time as your U visa application, and many of the documents submitted support both your U visa application and your waiver application. You may want to include:
- A signed affidavit or declaration. In this document, you can describe the crime against you, how you cooperated with law enforcement, how you suffered substantial harm, and what makes you inadmissible. You will also want to list your equities (or qualities that show you deserve a waiver), such as your ties to the U.S., proof that you have rehabilitated since committing any crime, and any volunteer or community work you have done.
- Criminal records. This is evidence that you were a victim of the crime that is the basis of your U visa application, such as police reports and court records.
- Medical records. You can also include evidence that you suffered harm as a result of the crime, such as medical or psychiatric records, or letters from counselors and treating physicians. If you receive ongoing treatment and support in the U.S. because you were a victim of a crime or because of any other medical condition, you should provide this evidence, especially if this treatment is not available in your own country.
- Documents that show you cooperated with law enforcement. Although you have to provide this information when filling out a certification of helpfulness for a U visa, if you received any additional letters from the police, for example, you may include those here as well.
- Any relevant criminal records regarding your own criminal history. Provide these only if applicable to your request for a waiver.
- Letters of support. You may want to get recommendations from friends, family, clergy, or employers stating that you are a good person, hard worker, or valued member of your community.
- Birth certificates of your U.S. citizen children or other close family members. Including these documents from family membrs that are U.S. citizens or lawful permanent residents will show your ties to the United States.
- Documentation showing that you volunteer or are otherwise engaged in community activities.
- Hardship evidence. This is evidence showing that you would suffer hardship if you had to return to your country. Documentation could include country conditions reports from reputable sources or newspaper articles about the current situation in your country of origin.