Filling Out Form I-192 for a U Visa Waiver of Inadmissibility

The immigration 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 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 version of Form I-192 issued 04/01/2024. It will also 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.

Part 1. Application Type

Question 1. Check the first box, to indicate that you are on a U visa.

Part 2. Information About You

Questions 1-2. Provide your name and then any nicknames or other names you've gone by.

Question 3. You are asked for an Alien Registration Number ("A Number"). Many applicants will not have this number unless they were once a permanent resident, were ever in removal (deportation) proceedings, or applied for a work permit while in the United States on a student visa. If you do not have an A Number, leave this section blank.

Question 4. You might also not have a USCIS Online Account Number unless you have submitted certain types of applications; if not, leave it blank.

Questions 5-8. Next, enter your date of birth, gender (with options including "male," "female," and "another gender identity"), place of birth, and country of citizenship.

Question 9-11: Provide your present address, "safe" address if you need one, and 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."

Information About Your Marital History

Describe your current status (choose only one, even if, for example, you were divorced before but are now married).

Information About Your Current Marriage

If you are now married, you'll need to give your husband or wife's name, birth date, A-number, and so on.

Information About Your Marital History

If you are single or are married for the first time, you can leave this section blank. Otherwise, provide information about past spouses.

Immigration and Criminal History

Question 26: Explain the grounds of inadmissibility that apply in your case. You will need to analyze what grounds of inadmissibility found in U.S. immigration law apply to you (or have an attorney help you do so). 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 United States without being inspected by an immigration officer. If you are inadmissible on more than one reason, make sure to include all the applicable statutes and reasons. Note that the public charge ground of inadmissibility does not apply to U visa applicants.

Questions 27-29: Have you previously filed an application for advance permission to enter the United States 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.

Question 30 asks whether you have been in the United States for six months or more. Is someone's stay was unlawful, this raises concerns about possible being inadmissible for unlawful presence. However, as long as you don't leave the United States before securing your U visa status, this shouldn't be a problem.

Questions 31-34. These seek to find out your history of other immigration petitions or applications, so that USCIS can check those files to see relevant information what turns up.

Questions 35-36. These cast a wide net, requesting information on your entire criminal history, if any.

Travel Information

Questions 37-43: Most U visa applicants apply for I-192 waivers from within the United States, therefore, these questions are not applicable to them. If you are currently in the United States, write "N/A" in the blanks for these questions. If you are applying from abroad, provide the requested information, including:

Questions 37-39. Location at which you plan to enter the United States (desired Port-of-Entry): This asks you for the city and state in the United States where you will most likely enter on your U visa. For example, write "San Francisco, CA, SFO" if you plan on flying directly to San Francisco Airport 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.

Question 40. How do you plan to travel to the United States? 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 from your current country of residence.

Question 41. When do you plan to enter the United States? Include the estimated date you would like to enter (in month, day, year format) or write "as soon as approval granted."

Question 42. 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 can write "duration of U nonimmigrant status" in this question space.

Question 43: USCIS wants to know what you plan to do in the United States. 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" would work.

Employment History

Here, you'll enter information about your jobs for the last five years. This is largely self-explanatory.

Part 3: Applicant's Statement, Contact Information, Certification, and Signature.

This is self-explanatory, and designed to make sure you realize that you are responsible for understanding what you are signing.

Parts 4 and 5: These should be filled out by signed by any interpreter or attorney or someone else who helped you prepare the form. That person should complete and sign where indicated. Otherwise, you may leave these questions blank.

Part 6: This is where you can add any information that didn't fit in the space provided earlier on the form.

What U Visa Applicants Should Include With an I-192 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 can 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 might require different types and amounts of documentation. Most often, the I-192 waiver application is submitted at the same time as the U visa application, and many of the documents submitted do double duty, by supporting both your U visa application and your waiver application. You might want to include:

• A signed personal 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 United States (family, community of worship, and so on), proof that you have rehabilitated since committing any crime, and any volunteer or community work you have done.
• Copies of 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.
• Copies of 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 United States 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 U.S. 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 records regarding your own criminal history. Provide these only if applicable to your request for a waiver.
• Letters of support. You might want to get personal recommendations from friends, family, clergy, or employers stating in detail that you are a good person, hard worker, or valued member of your community. The more examples they can give, the better.
• Copies of birth certificates of your U.S. citizen children or other close family members. Including these documents from family members that are U.S. citizens or lawful permanent residents will show your ties to the United States.
• Documentation showing that you do volunteer work or are otherwise engaged in community activities. This can be a letter from the head of a place of worship that you attend, for example.
• 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.

Is There a Cost for U Visa Applicants to File Form I-192?

Although the normal filing fee for USCIS Form I-192 is over $1,000, U visa applicants do not need to pay the fee.

What Happens After Filing Form I-192?

Because the I-192 waiver application is just one part of your U visa application, its processing will be handled at the same time as the rest. As described in How Long Will It Take to Get a U Visa?, USCIS often takes years to process and decide on U visa cases. If you are in the United States, you will want to seek what's called "deferred action," so that you are not vulnerable to deportation and can qualify for an Employment Authorization Document (EAD), otherwise known as a work permit.

Getting Legal Help With Your U Visa Materials

Given that having to apply for a waiver involves extra effort and documentation, you could make your life easier by hiring an experienced immigration attorney to handle it. The attorney can analyze the facts and spot any potential problems, prepare the paperwork or advise you on what to gather to make a convincing case, and monitor your case's progress toward approval.