Is i-192 waivers only available for the Canadians or for any national.

Asked over 1 year ago - New York, NY

my friend has overstayed his b1 visa by 2 years and back to his home country, can he travel backt= to the U.S on the same visa and fill up the I-192 form.
Thank you

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . I agree with Atty Dixler.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Lisa A. Tehlirian

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . The I-192 is the form completed for a nonimmigrant waiver of inadmissibility. This form is limited to Canadians applying for the waiver through U.S. Customs and Border Protection. Other applicants would not use this form, and instead would request a nonimmigrant waiver of inadmissibility through the U.S. consulate abroad.

    Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900... more
  3. Dean P Murray

    Contributor Level 18

    3

    Lawyers agree

    Answered . No. The B1 visa was automatically revoked as a matter of law when he overstayed.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  4. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree, but it does not appear that he will qualify for an unlawful presence waiver. He may consider what is known as a 212(d)(3). If he takes his chances and enters the U.S., then any attempt to eventually adjust status will be complicated by his unlawful presense. In addition, he runs the risk of being turnaround at an airport, that is, being found summarily inadmissible, among other things.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before he takes any further action. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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