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What are the Procedures when applying for a  212(d)(3) Waiver
for people that are inadmissible to the U.S.

applying for visa at U.S. consulate

Depending on the reason for your inadmissibility into the U.S., and if you are a class of nonimmigrant where a visa is not required (e.g., most citizens of Canada), or you are a nonimmigrant with appropriate documents who subsequently becomes admissible, you may be eligible to apply in advance of your travel directly to Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of US $585.00 per application regardless of the decision on the application. Payment must be with a certified check in U.S. funds drawn on a U.S. bank for the $585.00 application fee.

The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3) of the INA], is Form I-192. This form should be filed with U.S. Customs and Border Protection (CBP) if you are an inadmissible visa exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation). Please note that only forms with the expiration date 11/30/2009 in the upper right hand corner are acceptable. After February 20, 2009, older versions of the form cannot be used.

If you are an applicant for T nonimmigrant status or an applicant for U nonimmigrant status and you are inadmissible, you should file your Form I-192 with U.S. Citizenship and Immigration Services.

Landed Immigrants and certain Canadians who require a visa (e.g. for E, K, or V status applicants) to enter the United States, but are ineligible for one of the reasons previously mentioned should contact a local United States Consulate to discuss their situation. Likewise, citizens of other countries may discuss waivers of ineligibility with a consular officer if they are likely to be denied entry for one of the previously mentioned reasons. Consular officers may recommend a waiver for certain ineligible visa applicants.

You will need to apply for the waiver at either a major Port of Entry (POE) at the U.S. Border or a Preclearance office in Canada. Your application package must include the following:

NOTE: It is advisable to contact the POE or Preclearance location before you visit to confirm what paperwork is required for your specific case.

Form I-192: Application for Advance Permission to Enter as Non-Immigrant
Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Form I-824: Application for Action on an Approved Application or Petition
  • Completed form I-192 signed and submitted by you (no copies). If you retained an attorney to file this application, counsel must complete form G-28.
  • U.S. Fingerprint chart FD-258. This fingerprint chart will be completed by a U.S. CBP Officer at a designated location when you come in person to submit the application, or - if you have mailed the application, instructions for obtaining it will be given to you after the rest of the application has been received.
  • A Form G-325A, completed and signed by you. Please ensure that all copies of this form are legible.
  • Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from you country of residence or nationality. The record is valid for 15 months. Canadians: You can obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) (if you reside in canada) by submitting your fingerprints on Form C216C. Please contact your local RCMP office or police agency for fingerprint locations. Fingerprints will be taken and sent electronically to the RCMP. For instructions, addresses and payment information, please visit the RCMP Web site RCMP. There is a fee in the amount of $25.00 (Canadian). The RCMP will send you a letter that should then be submitted to CBP when you submit your waiver application. Do not submit the application until you have obtained the documents from the RCMP - incomplete packages will not be processed. All other countries should contact the local U.S. consulate.
  • If you have a criminal file in any other country's court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
  • Evidence of your Citizenship.
  • A statement regarding the purpose of your intended activities in the United States, e.g. vacation, business, etc.
  • A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.

If you are inadmissible to the United States because of a criminal conviction, you must submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. Additionally you should submit any evidence or explanation of your reform or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.

If you have been found inadmissible under section 212(a)(9)(B) of the Immigration and Nationality Act (unlawfully present in U.S.) please submit detailed information regarding:

  • Current foreign employment.
  • Previous U.S. employment.
  • Family members presently living in the United States.
  • Past and current U.S. and/or foreign business investments.
  • Any and all ties you have to your present foreign country/residence.

Not all Ports of Entry are able to process applications for waivers.

Filing at a Land Border Port of Entry:
For Ports of Entry - you may file in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. The following is a list of designated ports that accept the Form I-192 and Form I-824 in advance of travel.

Boston Field Office Port Address
Portland Port of Entry
312 Fore Street
Portland, ME 04101
Phone: (207) 771-3600
Fax: (207) 771-3608

Houlton Port of Entry
27 Customs Loop
Houlton, ME 04730
Phone: (207) 532-2131 x 0
Fax: (207) 532-4153

Fort Fairfield Port of Entry
4 Boundry 4 Line Road
Fort Fairfield, ME 04742
Phone: (207) 473-7474

Ft. Kent Port of Entry
401 West Main Street
Fort Kent, ME 04743
Phone: (207) 834-5255

Van Buren Port of Entry
137 Bridge Street, P.O. Box 146
Van Buren, ME 04785
Phone: (207) 868-3391

Madawaska Port of Entry
63 Bridge Avenue, Suite 101
Madawaska, ME 04756
Phone: (207) 728-4376 x 0

Calais Port of Entry
3 Customs Street
Calais, ME 04619
Phone: (207) 454-3621

Jackman Port of Entry
2614 Main Street
Sandy Bay Twp, ME 04945
Phone: (207) 668-3711

Highgate Springs Port of Entry
480 Welcome Center Road
Swanton, VT 05488
Phone: (802) 868-2778

Richford Port of Entry
705 Province Street
Richford, VT 05476
Phone: (802) 848-7766

Derby Line Port of Entry
107 Interstate 91 South
Derby Line, VT 05830
Phone: (802) 873-3219

Norton Port of Entry
115 Rte. 147 N.
Norton, VT 05907
Phone: (802) 822-5222

Buffalo Field Office Port Address
Buffalo - Peace Bridge Port of Entry
Monday - Thursday
5:00 PM - 9:00 PM

Champlain - Port of Entry
Monday - Thursday
For an appointment call (518) 298-8346

Lewiston / Queenston Bridge Port of Entry
Monday - Thursday
2:00 PM - 9:00 PM

Massena - Port of Entry
Monday - Thursday
9:00 AM - 3:00 PM
For an appointment call (315) 769-3091

Niagara Falls - Rainbow Bridge
Monday - Thursday
9:00 AM - 3:00 PM
Sunday (October- May only)
5:00 PM - 9:00 PM

Ogdensburg - Port of Entry
Monday - Thursday
9:00 AM - 3:00 PM
For an appointment call (315) 393-1390

Thousand Islands Bridge Port of Entry (Alexandria Bay)
Monday - Thursday
9:00 AM - 3:00 PM
For an appointment call (315) 482-2065

Seattle Field Office Port Address
Pacific Highway Port of Entry
9950 Pacific Highway
Blaine, WA 98230
Monday and Wednesday
9 AM-3:00 PM

Sumas Port of Entry
109 Cherry Street
Sumas, WA 98295
Tuesday and Friday
9:00 AM - 3 PM

Lynden Port of Entry
9949 Guide Meridian Road
Lynden, WA 98264
Thursday Only
9 AM - 3 PM

Oroville Port of Entry
33643 Hwy 97 North
Oroville, WA 98844
Monday-Friday
9 AM - 3 PM

Eastport Port of Entry
Highway 95 North
Eastport, ID 83826
Monday-Fri
9 AM - 3 PM

Roosville Port of Entry
8395 Highway 93 North
Eureka, MT 59917
Monday-Friday
9 AM - 3 PM

Sweetgrass Port of Entry
Interstate 15 North
Sweetgrass, MT 59484
Monday-Friday
9 AM - 3 PM

Raymond Port of Entry
Highway 16 North
Raymond, MT 59256
Monday-Friday
9 AM - 3 PM

Portal Port of Entry
301 W. Railway Ave
Portal, ND 58772
Monday-Friday
9 AM - 3PM

Pembina Port of Entry
112 W. Stutsman
Pembina, ND 58271
Monday-Friday
9 AM - 3PM

Dunseith Port of Entry
State Highway
Dunseith, ND 58239
Monday-Friday
9 AM - 3 PM

International Falls Port of Entry
2nd Avenue
International Falls, MN 55649
Monday-Friday
9 AM - 3 PM

Grand Portage Port of Entry
9403 Highway 61
Grand Portage, MN
Monday-Friday
9 AM - 3 PM

Del Bonita Port of Entry
4071 Chalk Butte
41 miles north of Cut Bank on Hwy. 213
Cut Bank, MT 59427-9109
(406) 336-2130
Monday-Friday
9 AM - 3 PM

Morgan Port of Entry
53869 US Highway 191 N.
Loring, MT 59537-9600
(406) 674-5248
Monday-Friday
9 AM - 3 PM

Opheim Port of Entry
6071 State Highway 24 North
Opheim, MT 59250-0376
(406) 724-3212
Monday-Friday
9 AM - 3 PM

Piegan Port of Entry
10 miles North of Babb on Highway 89
Babb, MT 59411-0109
(406) 732-5572
Monday-Friday
9 AM -3 PM

Scobey Port of Entry
HWY 13 North at Canadian Border
Scobey, MT 59263-2300
(406) 783-5375
Monday-Friday
9 AM -3 PM

Turner Port of Entry
12 miles North of Turner on Highway 24
Turner, MT 59542-0089
(406) 379-2651
Monday-Friday
9 AM -3 PM

Whitetail Port of Entry
Highway 511 North at Canadian Border
Whitetail, MT 59276-0038
(406) 779-3531
Monday-Friday
9 AM -3 PM

Wild Horse Port of Entry
29966 Wild Horse Road, Highway 232
Havre, MT 59501-8058
(406) 394-2371
Monday-Friday
9 AM -3 PM

Willow Creek Port of Entry
29942 St Joe Road
Havre, MT 59501-8072
(406) 398-5512
Monday-Friday
9 AM -3 PM

Porthill Port of Entry
Highway 1 at Canadian Border
Porthill, ID 83853-0040
(208) 267-5309
Monday-Friday
9 AM -3 PM

Baudette Port of Entry
PO Box 617, HWY 72 North
Baudette, MN 56623
Monday-Friday
9 AM - 3 PM

Warroad Port of Entry
41781 State Highway 313
Warroad, MN
Monday-Friday
9 AM - 3 PM

Peace Arch Port of Entry
100 Peace Portal Drive
Blaine, WA 98230
Monday-Friday
9 AM - 3 PM

Danville Port of Entry
19130 Highway 21 N.
Danville, WA 99121
Monday-Friday
9 AM - 10 PM

Laurier Port of Entry
27017 Highway 395 N.
Laurier, WA 99146
Monday-Friday
9 AM - 10 PM

Frontier Port of Entry
4939 Highway 25 N.
Northport, WA 99157
Monday-Friday
9 AM - 3 PM

Metaline Falls Port of Entry
26781 SR 31
Metaline Falls, WA 99153
Monday-Friday
9 AM - 10 PM

Detroit Field Office Port Address
Detroit Canada Tunnel Port of Entry
150 E. Jefferson
Detroit, MI 48226
Monday-Friday
8 AM to 4 PM

Blue Water Bridge Port of Entry
1410 Elmwood
Port Huron, MI 48060
Monday-Friday
8 AM to 4 PM

International Bridge Port of Entry
900 International Bridge Plaza
Sault Ste Marie, MI 49873
Monday-Friday
8 AM to 4 PM

Filing at a Preclearance Office:

You may also file your application with a CBP Preclearance office in Canada. You must appear in person and the U.S. set of fingerprints will be taken at that time. There is no additional biometrics fee for fingerprinting.

It is highly recommended that you contact the Preclearance office where you plan to submit your application. You will be able to verify hours of operation and ask any questions that you may have. Contact numbers and address can be found at cbp.gov

For review, legal language states that the Form I-192 and accompanying documents are filed in advance of travel and is limited to the class of aliens where a nonimmigrant visa is not required. In translation, this means that most citizens of Canada may use this form and submit their application at a major Port of Entry at the U.S. Border or a CBP Preclearance office in Canada. The application and required documents should be filed well in advance of travel.

CHECKING THE STATUS OF YOUR WAIVER REQUEST:

Please allow at least 90 days from the date of submission of your I-192 before making an inquiry about the status of your application. As stated earlier, a full review of your circumstances can take up to a year, and requests for status updates may add to that timeline. However, if for some reason you are concerned about the status of your request, and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007 you may ask for an update by emailing inquiry.waiver.aro@dhs.gov. In the email, be sure to provide your full name, DOB and your A number. If you filed at a land border port of entry prior to August 26, 2007, please contact them directly. Phone numbers are on the CBP Web site.

Queries regarding the status of these applications may be made by submitting an electronic request, at least 90 days after submission of the application, to the following email addresses: Inquiries about the status of a pending waiver request: inquiry.waiver.aro@dhs.gov

Attorney inquiries: attorneyinquiry.waiver.aro@dhs.gov

If you have submitted an application and you have had a change of address please remember to notify ARO by e-Mail inquiry.waiver.aro@dhs.gov or mail:
US Customs and Border Protection
Admissibility Review Office
7th Floor Mail Stop 1340
12825 Worldgate Dr
Herndon, VA 20598-1340

 

Source: cbp.gov


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