Our firm recently received a notice of approval of a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, on behalf of a Canadian client. Our client required a waiver due to inadmissibility pursuant to INA § 212(a)(6)(C)(i) for previously committing fraud upon seeking entry into the United States.
Our client committed a misrepresentation 15 years ago when he used a fraudulent passport to travel through the U.S. on his way to Canada, where he applied for (and was granted) refugee status. The use of a fraudulent passport was a last resort for this individual, who only used the passport in order to escape persecution in his home country. Even though he was only in the U.S. for a period of less than 24 hours, his entry into the U.S. was secured by the presentation of a false passport, a fact that he later disclosed to U.S. immigration officials. This act renders our client inadmissible for life.
After he became a Canadian citizen, our client applied for his first nonimmigrant waiver (Form I-192) without the assistance of a lawyer in 2004. This first waiver application remained pending for 4 years before it was eventually approved for a period of one year.
For the waiver renewal process, this individual retained the services of our firm. We prepared a comprehensive application package, including a legal brief addressing the relevant factors, which have been set forth by the Board of Immigration Appeals (“BIA”) in its landmark case, Matter of Hranka.
Our legal brief explained that our client posed absolutely no risk of harm to U.S. society; explained the mitigating factors surrounding our client’s fraud/misrepresentation; and explained the nature of our client’s reasons for wishing to enter the U.S.
In addition to occasional visits to the U.S. for tourism/pleasure, our client sought permission to visit the U.S. for business purposes. Specifically, he needed permission to temporarily enter the U.S. in order to attend conferences and business meetings at locations in the U.S. As an engineer, our client needs to be able to market and present his designs and ideas in the U.S.
Based upon this information as presented in our waiver application package, our client’s second waiver application (Form I-192) was approved in just under three (3) months. The new waiver was issued for a validity period of five (5) years from the date of approval.