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

Wednesday, September 21, 2022 at 1:32PM
Sarah E. Murphy, Esq. in Application Approvals, Crime of Moral Turpitude, Criminal convictions, I-192 Waivers, INA 212(d)(3) Waivers, Inadmissibility

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.

I also addressed additional factors that the CBP Admissibility Review Office (“ARO”) will take into consideration when determining whether an applicant is deserving of a favorable exercise of discretion:

• The nature of the offense;
• The circumstances that led to the offense;
• How recently the offense occurred;
• Whether it was an isolated incident, or part of a pattern of misconduct; and
• Evidence of reformation or rehabilitation.

In this particular case, my brief emphasized the significant efforts demonstrated by my client toward rehabilitation following the conviction that occurred 14 years ago.  This client went above and beyond what is required of most individuals following a felony conviction, including: charitable contributions; volunteer work; active involvement in religious community; as well as efforts to help others turn their lives around following criminal convictions.  Finally, I discussed the applicant’s reasons for seeking entry, which included both personal and employment needs. 

Based upon these factors, my client’s waiver application was approved for validity period of one (1) year.

Article originally appeared on Border Immigration Lawyer (http://www.borderimmigrationlawyer.com/).