Even if you meet the requirements for an I-192 waiver, this does not necessarily mean that you will automatically receive one. This waiver is granted in the exercise of discretion; therefore, an applicant must put forth a strong, compelling case showing why he or she is deserving of admission into the US despite his or her underlying inadmissibility.
When exercising its discretion, the ARO generally uses a balancing test of the positive and negative factors when adjudicating an applicant’s case. In the landmark case Matter of Hranka, the Board of Immigration Appeals (“BIA”) set forth 3 factors that the ARO must weigh when deciding whether or not to grant a waiver application pursuant to INA § 212(d)(3):
- The risk of harm to society if the applicant is admitted;
- The seriousness of the applicant’s immigration law, or criminal law violation, if any; and
- The nature of the applicant’s reasons for wishing to enter the United States.
It is beneficial to your application to present a legal memo applying the law to the facts of your case. Your ultimate goal is to show why you qualify for a waiver. The evidence you submit will largely depend on your case.
For instance, if you are inadmissible due to a prior criminal conviction, you should include evidence of your remorse (or a statement that you are sorry for your past actions), rehabilitation, and show that such actions will never occur again.
On the other hand, if you are inadmissible due to health-related grounds, you should include evidence of your particular medical condition, lack of medical assistance for your particular condition in your home country, and show that necessary treatment for your condition is only available in the US.
As you can see, supporting evidence varies case-by-case, so it is important to communicate openly, honestly, and give detailed information to your immigration lawyer in order to assemble your best application.
General Material to Accompany Your Form I-192:
- Proof of citizenship and identity;
- Biographic Information;
- Official police records from your home country, or evidence that no record exists;
- Form G-28, if represented by an attorney; and
- Official documentation and a written statement related to your inadmissibility
Supporting Documents to Accompany Your Form I-192 based on Prior Criminal History:
- Court records of conviction(s);
- Statement of remorse of offense(s);
- Documentation of rehabilitation, if any; and
- Other relevant documents
Positive Factors to Accompany Your Form I-192:
- Community service/Volunteer Work;
- Family ties in the US;
- Evidence of good moral character;
- Considerable passage of time since the criminal behavior; and
- Absence of significant undesirable or negative factors
Negative Factors that may affect Your Form I-192:
- Evidence of moral depravity, or criminal tendencies reflected by an ongoing or continuing police record, nature, recent and seriousness of the criminal violations, if any;
- Repeated violations of immigration laws, willful disregard for other laws;
- The presence of other evidence indicative of a foreign national’s bad character; and
- Gang involvement