Form I-192, who can apply?
There are situations where an inadmissible person may have to come to the US. Also, victims of human trafficking may require it, too. Thus, for these particular cases, USCIS Form I-192 may be helpful.
First, the essential aspect is that you do not intend to stay in the US. Hence, you will be deeply scrutinized to see any hint that you might stay. (You can always change your mind later if the law allows another way for you to stay – but you must be aware of the initial requirement of temporary stay!). Plus, you should fall into the following:
- Inadmissible nonimmigrant in possession of appropriate documents. This lengthy phrase means you have a valid US visa. Yet, you must also be further inadmissible (more on that ahead).
- Applicant for T nonimmigrant status. Victims of human trafficking may apply for this status. Further, it will allow them to remain in the US for four years.
- Petitioner for U nonimmigrant status. Who can apply? Victims of criminal activity that can help law enforcement investigate criminal activity. Moreover, it will allow them to remain in the US for four years. (After 3 years in U status, you may apply for permanent residence.)
Now, let us dig deeper into each of these.
You may have received a US visa but were later considered inadmissible. Thus, you can apply for the Form I-192 waiver if you are inadmissible under one of these (the list is not exhaustive):
- Health-related grounds. For example, having a communicable disease of public importance.
- Conviction of a crime of moral turpitude or controlled substances
- Conviction of two or more offenses with aggregate sentences of over five years
- Membership of Communist or totalitarian parties
- Public charge
- Immigration law violation
Now, to be eligible to apply for Form I-192, petitioners must show they:
- Are the victim of criminal activity
- Suffered physical or mental abuse
- Have credible information about the criminal activity
- Were, are, or might be helpful to law enforcement
- The crime happened in the US
To be eligible, you must show that you:
- Are or were a victim of human trafficking
- Are in the US or at a port of entry due to it
- Helped law enforcement in the investigation
- Would suffer extreme hardship (severe harm) if you are removed from the US
The filing fee for Form I-192 is $930. However, you can apply for a fee waiver if you are an applicant for T or U status. The processing time varies but is usually not less than six months.
As usual, you will need evidence. Some of the most frequent documents are:
- Signed affidavit
- Criminal records
- Medical records
- Documents proving your assistance to law enforcement
- Letters of support from friends, family, and colleagues
- Proper ID
- Hardship evidence
- Statement of remorse
- Proof of rehabilitation
Also, the following factors might help your Form I-192:
- Community service
- Family ties in the US
- Good moral character
- Time from the criminal behavior
Yet, these may affect your application:
- Proof of criminal tendencies
- Repeated violations of migration law
- Gang involvement
Any case involving a Form I-192 is deeply particular. Therefore, you must build a case brick by brick. Thus, it is better in the hands of a seasoned attorney that knows how USCIS works. We have helped dozens with their Form I-192. Now, you can download the Form I-192 here.