Nonimmigrant Waiver Application (Form I-192) Approved - Crime Involving Moral Turpitude

My office recently received notice of approval of a Form I-192, Application for Advance Permission to Enter the U.S. as a Nonimmigrant, which was filed using the CBP online filing system, e-SAFE.  The processing time for this application was eight (8) weeks and three (3) days.  Please note that the processing time is calculated from the date on which the applicant appeared in-person at a CBP port of entry to complete the biometrics part of the application.

The applicant is a Canadian citizen who requires a waiver in order to overcome a charge of inadmissibility under INA § 212(a)(2)(A)(i)(I) due to a conviction of a crime involving moral turpitude (“CIMT”).  The applicant was convicted of a felony under U.S. federal law – 18 U.S.C. § 472 – Uttering Counterfeit Obligations or Securities. 

In support of this waiver application, I prepared a detailed legal brief addressing each of the three (3) factors to be considered when adjudicating nonimmigrant waivers under INA § 212(d)(3) [8 U.S.C. § 1182(d)(3)]:

(1)    The risk of harm in admitting the applicant;

(2)    The seriousness of the acts that caused the inadmissibility; and

(3)    The importance of the applicant’s reasons for seeking entry.

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U.S. land borders opening to all travelers on November 8, 2021

As long as they are fully vaccinated against COVID-19.

CBP has confirmed that non-essential travelers entering the U.S. by land will not have to show proof of a negative COVID-19 test, but said that travelers should be prepared to present vaccination documentation upon request by inspecting officers.

Applicants for admission to the U.S. via land must have all recommended doses of a COVID-19 vaccine authorized by U.S. regulators or the World Health Origanization ("WHO").  WHO-approved vaccines include Moderna, Pfizer-BioNTech, Oxford-AstraZeneca and its Indian-made counterpart, Covishield. The U.S. will also accept any combination of these vaccines, such as a mix of AstraZeneca and Moderna. 

Children under 18 will be exempt from these vaccination requirements.

Essential travelers may continue to enter the U.S. without being subject to the vaccination requirement until January 2022 when all travelers, both essential and non-essential, will be required to show proof of vaccination against COVID-19.

Read Article

Read CBP Media Release

U.S. to reopen its land borders for fully vaccinated travelers

The U.S. has announced that it will lift travel restrictions at the land borders with Canada and Mexico starting in November 2021 to all travelers who have been fully vaccinated against COVID-19.

These restrictions will be lifted nearly 19 months after the U.S. closed its borders to all nonessential travelers, including visitors for pleasure. 

Upon lifting of these restrictions in November (no exact date has been released yet), U.S. Customs and Border Protection officers will have discretion to send all applicants for admission to secondary screening to have their vaccination documents checked.  

Those who were deemed essential and therefore not subject to the 19-month travel restrictions (such as students and commercial truck drivers) will also be required to provide proof of vaccination, however, they will have until January 2022 before they will be required to show proof of vaccination at the land borders. 

It appears that there will also be limited exemptions for some unvaccinated travelers, such as children.

Read Article: The U.S. will reopen its land borders for fully vaccinated travelers

CBP to stop using the term "illegal alien" under new Biden order

The Biden administration has ordered U.S. immigration enforcement agencies, including CBP, to stop using terms such as "alien," "illegal alien," and "assimilation" when referring to immigrants in the United States.  This is part of President Biden's effort to build a more humane immigration system.    

Read The Washington Post Article

CBP's top official, Troy A. Miller, sent a memo for distribution throughout the agency regarding the updated terminology to be used in all CBP communications and materials.  The memo includes a chart of terminology changes instructing CBP personnel regarding the new terms to be used in place of the previous terms mentioned above.

Read CBP Memo

U.S.-Canada Border Likely to Remain Closed for Immediate Future

The current Covid-19 spike in Canada will most likely keep the northern border closed for the immediate future.  

Read Article: Canada's latest Covid-19 wave threatens to prolong border closure