Form I-192 explained: Application for Advance Permission to Enter as a Nonimmigrant

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-192's official title is Application for Advance Permission to Enter as a Nonimmigrant. It is a waiver application for nonimmigrants (people coming to the U.S. temporarily, for example for tourism, business, or work): if a person has a ground of inadmissibility (such as a criminal record or a past immigration violation) but only wants to enter temporarily as a nonimmigrant, they can apply for a temporary waiver granted by the Department of Homeland Security under INA 212(d)(3).

The I-192 has two main groups of users, decided by different agencies. The first is nonimmigrants who already hold appropriate entry documents or do not need a visa (most typically Canadian citizens); they file with U.S. Customs and Border Protection (CBP), and the case is decided by CBP's Admissibility Review Office (ARO). The second is T visa (trafficking victim) and U visa (crime victim) applicants, who file with U.S. Citizenship and Immigration Services (USCIS) under special waiver provisions. Foreign nationals who need a visa and apply for a nonimmigrant visa at a U.S. embassy or consulate generally do not use the I-192; instead, the consular officer recommends a waiver to CBP.

At a glance

Legal basis: the two routes under INA 212(d)(3)

INA 212(d)(3)(A) allows the Department of Homeland Security to grant nonimmigrants a temporary waiver of most grounds of inadmissibility, through two routes:

In other words, people who need a visa — for example, holders of mainland Chinese passports — who are found to have a ground of inadmissibility when applying for a B-1/B-2, F-1, H-1B, or similar visa usually go through the 212(d)(3)(A)(i) consular recommendation route rather than filing an I-192 themselves. Only in particular situations (for example, someone who already holds a valid visa but has a newly arising ground of inadmissibility) is it necessary to find out whether the I-192 applies, following the instructions of the consulate or CBP.

Standard of review

The 212(d)(3) waiver is discretionary; the applicant does not need a U.S. citizen relative and does not need to show "extreme hardship." Under the framework set out by the Board of Immigration Appeals in Matter of Hranka (1978), the officer mainly considers three factors:

1. The risk of harm to U.S. society if the applicant is admitted;
2. The seriousness of the applicant's prior immigration or criminal law violations;
3. The applicant's reasons and purpose for seeking entry.

Matter of Hranka also notes that the purpose of entry need not be "urgent" or "humanitarian"; ordinary tourism or business purposes can also qualify for a waiver. But the waiver is temporary; approvals usually carry limits such as a validity period and a number of entries, and must be reapplied for after they expire. Follow the approval document.

Grounds that cannot be waived under 212(d)(3)

212(d)(3)(A) cannot waive the following grounds:

• 212(a)(3)(A)(i)(I): activities violating U.S. laws relating to espionage or sabotage;
• 212(a)(3)(A)(ii): any other unlawful activity (security-related);
• 212(a)(3)(A)(iii): activities aimed at overthrowing the U.S. government;
• 212(a)(3)(C): serious adverse foreign policy consequences for the United States;
• 212(a)(3)(E)(i) and (ii): participation in Nazi persecution or genocide.

Compared with the immigrant waiver (I-601), the scope of 212(d)(3) is much broader: for example, grounds that often cannot be waived, or are very hard to waive, in immigrant (green card) proceedings — such as drug offenses, drug trafficking, false claims to U.S. citizenship, and immigration fraud — may all be temporarily waived in nonimmigrant proceedings.

How T and U visa applicants use the I-192

T and U visa applicants often have grounds of inadmissibility because of their victimization (for example, being trafficked into the country, being forced into unlawful activity, or unlawful presence). The law gives them special waivers broader than those for ordinary nonimmigrants; they apply on the I-192, filed with USCIS.

T visa: INA 212(d)(13) and 8 CFR 212.16

• The public charge ground (212(a)(4)) does not apply to T visa applicants, so no waiver is needed;
• Health-related grounds: can be waived if the waiver is in the national interest;
• Other grounds: must be in the national interest, and the conduct causing inadmissibility must have been caused by, or be related to, the trafficking victimization;
• Cannot be waived: 212(a)(3) (security-related grounds), 212(a)(10)(C) (international child abduction), and 212(a)(10)(E) (former citizens who renounced citizenship to avoid taxation);
• Where violent or dangerous crimes are involved, favorable discretion is generally exercised only in extraordinary circumstances, unless the criminal conduct was caused by or related to the victimization;
• If the 212(d)(13) requirements are not met, USCIS will also consider the general nonimmigrant waiver under 212(d)(3)(A)(ii).

U visa: INA 212(d)(14) and 8 CFR 212.17

• Where USCIS considers it in the public or national interest, it may waive all grounds of inadmissibility except 212(a)(3)(E) (Nazi persecution, genocide, torture, extrajudicial killing);
• For criminal grounds, USCIS considers the number and seriousness of the offenses; where violent or dangerous crimes or 212(a)(3) security grounds are involved, favorable discretion is generally exercised only in extraordinary circumstances.

T and U visa applicants generally file the I-192 together with the I-914 or I-918 at the USCIS service center designated in the form instructions. T and U applicants may request a fee waiver for the I-192 through the I-912. Under the regulations, a denial of a T or U waiver cannot be appealed, but in appropriate cases the waiver can be refiled.

When T and U visa holders later apply for a green card, the adjustment-stage rules apply: T visa holders applying for a green card generally use the I-601 for grounds not waived during T status; U visa holders adjusting under INA 245(m) are not subject to the general admissibility review, and different rules apply.

Who typically files the I-192 with CBP

• Canadian citizens (and other nonimmigrants exempt by law from the visa requirement) who have a ground of inadmissibility, such as a criminal conviction in Canada or a prior U.S. immigration violation;
• People who already hold a valid nonimmigrant visa or other appropriate document but have a ground of inadmissibility (whether this applies follows the instructions of CBP or the consulate);
• Citizens of Palau, the Federated States of Micronesia, and the Marshall Islands, following the instructions of CBP or the local U.S. embassy or consulate.

According to CBP: applications can be filed and paid online through the e-SAFE system, or filed in person at a designated CBP port of entry; CBP preclearance locations no longer accept the I-192. After filing online, you usually still need to complete biometrics at a port of entry. CBP notes that review may take a long time, so file well in advance of your planned travel. Note: Visa Waiver Program (ESTA) travelers cannot file the I-192 and must instead apply for a nonimmigrant visa.

Tips for completing the form

• Purpose and plans for entry: state the purpose of the intended entry, the port of entry, the expected length of stay, and the number of entries. The purpose of entry is one of the three Hranka factors, so it should be specific and reasonable.
• Grounds of inadmissibility: explain each one, without omissions. Under USCIS instructions, grounds such as 212(a)(3)(A)(i)(II), (B), (E)(iii), and (F) require a signed statement made under penalty of perjury; health-related grounds require a detailed description of the condition; criminal convictions require a statement plus official records of each conviction and all court dispositions.
• Immigration and entry history: every prior entry, refusal, and removal must be stated accurately.
• Signature: unsigned forms are returned. All pages must come from the same edition.
• Pay fees separately: USCIS notes that when filing several forms at once, the fee for each form should be paid separately; combining payments may cause the entire package to be rejected.

Evidence and documents to prepare

• Proof of nationality (passport; for Canadian citizens, a birth certificate or citizenship certificate, etc.);
• Official court records and dispositions for all convictions;
• Criminal record checks or police certificates from your countries of residence and nationality (in the format and within the timeframe CBP requires);
• Evidence of rehabilitation: completion of sentence, pardon or record suspension (such as a Canadian record suspension), treatment or counseling records, etc.;
• Proof of the purpose of entry: invitation letters, conference registrations, employer letters, itineraries, etc.;
• Ties to your home country and evidence of good character (work, family, community reference letters);
• T and U applicants: evidence related to the victimization, and a statement explaining the connection between the conduct causing inadmissibility and the victimization.

Foreign-language documents must include a complete English translation and a translator's certification; see Translation requirements. Do not send originals unless specifically required.

Filing and fees

For applications filed with CBP, the payee and payment method follow CBP's instructions (online payment through e-SAFE, or payment at the port of entry as required); for applications filed with USCIS, pay according to USCIS instructions. For fees, see the USCIS fee schedule G-1055 and the I-192 form page; fees are not refunded once paid. Fee waivers: T and U visa applicants may request one; certain other applicants exempt by law from the public charge ground may also qualify — see I-912. For how to look these up, see How to check filing fees and processing times.

What happens after filing

1. CBP cases: after filing online, complete biometrics; the CBP Admissibility Review Office reviews the case, and the decision is sent by email or mail. CBP recommends waiting a certain period after filing before checking status; follow its official instructions for how to check.
2. USCIS cases (T and U): reviewed together with the I-914 or I-918; you may receive a Request for Evidence (see What to do if you receive an RFE).
3. Approval: the approval document states conditions such as the validity period and number of entries. Carry it with you when you travel; admission is still decided finally by the officer at the port of entry.

USCIS processing times can be checked on the USCIS processing times page.

Options after a denial

• T and U waivers: under 8 CFR 212.16 and 212.17, a denial cannot be appealed, but in appropriate cases you can refile with stronger evidence — especially evidence of the connection between the conduct causing inadmissibility and the victimization, and of the public or national interest.
• CBP cases: you can reapply after strengthening the evidence. Whether any other review is available follows the instructions in the denial decision.
• Consider other routes: for example, people who need a visa can use the consular recommendation route instead.

How the I-192 differs from similar forms

Common questions

Official sources

• USCIS: Form I-192 official page
• CBP: Form I-192 and e-SAFE information
• 8 CFR 212.4: 212(d)(3) nonimmigrant waivers
• 8 CFR 212.16: T visa waivers, 8 CFR 212.17: U visa waivers
• USCIS Policy Manual, Volume 9: Waivers and Other Forms of Relief
• USCIS fee schedule G-1055

Related reading

• U.S. visa refusals: 214(b) and other grounds
• B-1/B-2 business and tourist visa guide
• Form I-918 explained: U visa petition
• Form I-914 explained: T visa application
• Form I-601 explained: waiver of grounds of inadmissibility

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and your attorney's specific advice.