If you are inadmissible to the United States, you will need to file an I-192 entry waiver to be eligible to enter the United States. Below, I will discuss how your waiver will be assessed and why you should work with a lawyer who focuses on I-192 waivers for Canadians so you can build a strong petition and gain entry into the United States.
Matter of Hranka
The case that sets the modern standard of how I-192 waiver applications are judged is based on the case Matter of Hranka. This case involved a 25 year old Canadian citizen who was deported and was declared inadmissible to the United States. The Board of Immigration Appeals (“BIA”) determined that, even though the applicant was inadmissible to the United States, she and other inadmissible persons could be admitted into the United States for humanitarian or public interest reasons. The BIA listed the three criteria that immigration officers would use to determine whether to grant a waiver of inadmissibility under section 212(d)(3) of the Immigration and Nationality Act of the United States.
The Risk of Harm to Society if the Applicant is Admitted
The first step in determining whether your I-192 waiver application will be granted is an assessment by U.S. Customs and Border Protection’s Admissibility Review Office (“ARO”) where they will look at your history and determine the risk to American society if you were admitted. In the Hranka case, it was determined that the risk of harm to American society was small because, aside from the offense causing the applicant’s inadmissibility, she had not committed any other criminal or immigration law violation.
The Seriousness of the Applicant’s Prior Immigration or Criminal Law Violation
The second way your waiver application will be evaluated is the seriousness of your prior immigration or criminal law violations. If you have multiple violations or your violations are serious, then it may be difficult for your waiver to get approved.
The Nature of the Applicant’s Reasons for Wishing to Enter the United States
Lastly, the ARO will judge your waiver application based on the reason for why you seek to enter the United States. The BIA clarified that the reasons for wanting to enter the United States do not need to be compelling. In fact, in the Hranka case, the BIA stated that the applicant having close relatives living in Detroit, Michigan, when she was based on Windsor, Ontario, which is right across the border, was sufficient enough of a reason to request a waiver. The applicant’s mother mentioned the applicant’s inability to go on dates in Detroit or visit uncles and cousins as well as missing a cousin’s wedding as the ways the applicant suffered and was inconvenienced. Most importantly for this discussion, the BIA concluded that these are legitimate reasons to request a waiver.
Demonstrating Rehabilitation
Although the BIA did not say that rehabilitation was one of the three criterion that assessed in deciding whether to grant a waiver, they did make note of the applicant’s rehabilitation. The Court praised the applicant for working two jobs for a total of 60 to 70 hours a week. Also, the BIA noted that the applicant avoided the negative influence in her life who induced her to commit acts which led to her inadmissibility.
Reasons for Committing the Offense Causing Inadmissibility
The BIA took the testimony of the applicant’s mother seriously when she stated that the applicant was well behaved until she became exposed to an individual who was a negative influence and, once she moved away from that person, she became a more responsible person. Hence, the ARO will need to understand why an applicant committed the act that led to the inadmissibility.
Character References
Lastly, the BIA took into account the testimonies of the applicant’s mother, her high school principal and a psychologist who was a close friend of the family. The BIA took these third party testimonies into account when deciding that the applicant was eligible for a waiver.
Why Work With a Lawyer Who Focuses on Inadmissibility
Immigration law is broad and complicated, even for practitioners. There are certain immigration lawyers who focus asylum, immigration for start-ups, immigration issues for individuals from certain countries and so on. Therefore, you should work with an immigration lawyer who focuses on inadmissibility and U.S. and Canadian border issues to help you with your case.
Another important reason is that, unlikely other areas of immigration law, there is very little case law the ARO can refer to when deciding whether to approve a waiver petition. There is not a mechanical checklist developed by case law or a way to determine how the ARO makes their decisions. It comes down to officer discretion. Therefore, it is important to work with a professional who can create a compelling and strong case.
In fact, inadmissibility is its own discipline within immigration law. I-192 waivers require a lot of technical analysis where the reasons for inadmissibility must be properly identified and it must be determined if a waiver is required at all. If incomplete information is submitted, certain information is not disclosed or omitted, insufficient evidence of rehabilitation has been provided among other potential pitfalls that you may not be aware of, it may be fatal to your application and may even cause your application to get denied. Given the long processing time for I-192 waivers and the fact that a denied petition means not being able to visit family and friend or take. a new, higher paying job in the United States, the stakes are high and you need to know that your application has been done properly.
Why Work With Me?
As a cross-border immigration lawyer based in Windsor, Ontario, with a focus on inadmissibility, I have the experience to represent you with your entry waiver. It is important to work with a lawyer when working with a service provider because your case needs legal analysis and a well developed legal argument if you want the best chance at success. Certain entry waiver service providers are not lawyers, cannot provide legal advice or make legal arguments on your behalf and cannot provide legal representation if something goes wrong. The more complex your case is, the more important it is to work with me to ensure that you have the best chance of success. If you need a waiver to gain entry to the United States, please schedule an appointment so I can help.
Last Updated on July 14, 2026 by Ernest J. Edwards