By law, it is within the discretion of the United States Citizenship and Immigration Services to grant the I-192 waiver of inadmissibility. As noted before, the Admissibility Review Office must weigh the following factors 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.
Matter of Hranka, 16 I&N Dec. 491, 492 (BIA 1978).
While the Admissibility Review Office (ARO) weighs the positive and negative factors that apply in each applicant’s case, there are certain instances that may lead to an automatic denial: Failure to attend your biometric services appointment (if applicable), may result in a denial of your I-601 application. Failure to provide the information requested by USCIS, including your Social Security Number (if applicable), and any other requested evidence could either delay the final decision or result in denial of a waiver. Also note that knowingly and willfully falsifying or concealment of a material fact or submitting false documentation with your Form I-192 may not only lead to a denial of your waiver request, but may also allow USCIS to deny you of any other immigration benefit, and you may face severe penalties provided by law and may be subject to criminal prosecution. Never lie on your application!
If denied, form I-192 applicants will usually be notified of the reason(s) for denial. Pursuant to 8 CFR § 212.17(b)(3), there is no right to appeal of a decision to deny a waiver. However, applicants are not prevented from re-filing or submitting a subsequent waiver request in appropriate cases, such as if the applicant has obtained additional evidence in support of a grant of approval. Although there are no appeals of a decision of denial, the applicant may appeal to the Administrative Appeals Office to determine whether the director was correct in the finding of inadmissibility. This distinction may be confusing for some, so it is important to communicate with your immigration attorney to discuss your best options.