My office recently received notice of approval of a Form I-192, Application for Advanced Permission to Enter the U.S. as a Nonimmigrant, which was filed using the new CBP online filing system – e-SAFE – on January 14, 2020. The processing time for this application was three (3) weeks and three (3) days, with the approval decision dated February 7, 2020.
The applicant, a Canadian citizen, 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”). Specifically, the applicant was convicted under former § 306(1)(B) of the Criminal Code of Canada (“CCC”) for breaking, entering, and theft. The applicant pled guilty as charged and was sentenced to a $200 fine and one (1) year of probation, which he completed successfully. Interestingly, the applicant was able to travel to the U.S. without issue for over 20 years before learning from U.S. Customs and Border Protection (“CBP”) officials that he was inadmissible due to the conviction and therefore required a waiver of inadmissibility.
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.
See Matter of Hranka, 16 I&N Dec. 491 (BIA 1978).
In this particular case, my brief emphasized the length of time that had passed (over 20 years) since the applicant’s conviction that renders him inadmissible. I also focused on the nonviolent nature of the offense as well as the significant steps that the applicant had taken since the conviction toward rehabilitation, including: volunteer work; donations to local charities and hospitals; and active involvement in his religious community. Finally, I discussed the applicant’s reasons for seeking entry: to vacation with family and to attend conferences in the U.S. in the applicant’s area of business.
Based upon these factors, my client’s waiver application was approved for a validity period of five (5) years.