Homeland Security reported 35 million nonimmigrant admissions into the country in 2021. Some of these individuals may have used a waiver of inadmissibility to come to the U.S.
If you plan to file a waiver, you need to understand where filing should take place. This largely depends on the circumstances leading to the need for a waiver.
Those with documentation
For people who have the required documents, the filing location is at a designated port of entry managed by the U.S. Customs and Border Protection. Individuals should file before their intended travel date to avoid issues. Typically, the process requires going to the port in person.
Citizens of specific countries
Citizens of the Federated States of Micronesia, Palau or the Marshall Islands need to get in touch with the nearest consulate of the U.S. Department of State to receive detailed instructions on where and how to submit the waiver form.
For those who complete biometrics at a port of entry, there is the option to electronically file through the Electronic Adjudication Secured Forms Environment. They will get a confirmation email of successful submission to CBP. The e-SAFE system provides the ability to check the status and communicate via email throughout the process.
T and U applicants
Applicants seeking T or U nonimmigrant status must file Form I-192 with U.S. Citizenship and Immigration Services.
Understanding the appropriate channels for filing a waiver of inadmissibility promotes a smooth and effective application process. However, it is important to note that filing a waiver does not guarantee approval, as each case is unique.