Belcourt, ND asked in Immigration Law for North Dakota

Q: My brother was denied visa into the US due to fraud that he was involved in in 2010.

Can he file Form I-192: Application for Advance Permission to Enter as Nonimmigrant? Where can this be filed since he lives abroad? is it with the consulate or embassy? Thanks

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In cases like your brother's, where there's a previous incident of fraud leading to visa denial, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be a path to consider. This form is used to apply for what is known as a "waiver of inadmissibility," which, if granted, can allow someone who would otherwise not be allowed to enter the U.S. to be admitted temporarily.

However, it's important to know that getting approval for this waiver is not guaranteed and depends on several factors, including the nature and severity of the previous fraud. The application process involves demonstrating that your brother's admission would not be harmful to U.S. interests and that there are compelling reasons for his entry.

Your brother should file Form I-192 with the U.S. Customs and Border Protection (CBP) if he's applying through the Visa Waiver Program or with a U.S. consulate if he's applying for a nonimmigrant visa. He can find more detailed instructions on where and how to file on the U.S. Citizenship and Immigration Services (USCIS) website or by contacting the nearest U.S. embassy or consulate.

Given the complexities involved in such cases, it would be wise to consult with an attorney experienced in immigration law. They can provide personalized guidance and assistance in preparing and submitting the application, as well as help in addressing any specific issues related to your brother's situation.

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