What types of reasons for seeking entry to the U.S. will support a Form I-192 waiver application?

QUESTION: I am in the process of applying for my renewal application for I-192.  I was convicted of assault when I was 18 years old (16 years ago).  I was approved for my first waiver 5 years ago and it is up for renewal - I was told to write a statement regarding the purpose of my intended activities in the US and anything else that might help the approval.  My mother lives in the US but I don't feel that just that point is substantial enough to have my renewal approved.  Is there anything that the CBP look for that helps advance the approval process and strengthen my request or is my mother substantial enough to have it approved?

REPLY:  Nonimmigrant waivers pursuant to INA § 212(d)(3) [which Canadian citizens apply for by submitting Form I-192] are adjudicated based upon a legal standard set forth by the Board of Immigration Appeals (“BIA”) in a landmark case known as Matter of Hranka.  In that case, the BIA set forth three (3) factors that must be considered when adjudicating these nonimmigrant waiver applications [I-192].  These factors are:

(1)     The risks 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.

In cases where the acts that have caused the inadmissibility are particularly serious, the other factors presented in the case will have to be strong enough to outweigh the negativity associated with such a serious violation.  In the case of an assault conviction, it will be most important to demonstrate that you do not pose any risk of harm to society if admitted into the U.S. – that you pose no threat of violence to citizens of the U.S. if your waiver is approved.

As noted above, you must also explain the nature of the reasons for which you are seeking entry into the U.S.  There are no specific reasons for entry that CBP looks for in deciding whether to grant a Form I-192 waiver application.  All reasons for entering will be considered, including the desire to enter the U.S. in-transit to other countries and for vacation purposes.  There are, however, certain reasons for seeking entry that are stronger than others.  One example is an individual who needs to enter the U.S. for employment purposes, such as to attend trade shows or other events in the U.S. that are required by the employer.  Another example of a strong reason for seeking entry is to visit a U.S. citizen or permanent resident relative residing in the U.S. 

It is important to remember, however, that each case is different and will be evaluated based upon its own specific facts.