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Persons inadmissible because they were convicted of (or admit to) engaging in prostitution (See INA §212(a)(2)(D)(i) can use the less burdensome standard for a INA § 212(h) waiver. Technically, the applicant for a waiver only needs to show her admission is not contrary to the national welfare and has been rehabilitated. (INA §212(h)(2)) “Hardship to a qualifying relative” does not need to be established for this waiver.
Another common error by the Government is requiring that the crime occurred more than 15 years ago to use the lower standard of INA §212(h)(1)(A). Have your Code book handy and read the law and using your finger (not the middle) show how the lower standard applies to individuals inadmissible only under subparagraph (D)(i) or (D)(ii) “OR” 15 years ago.
The waiver application often can be obtained within a month. But like anything, it can be less or far longer. Non-immigrant waivers are often granted for one year but could be for up to five years. Canadians can use a Form I-192 because they are visa exempt. This application is made with CBP (at the Admissibility Review Office), US Customs and Border Protection, at the port of entry. Not all land borders accept these filings, check online. See: Northern Ports of Entry Accepting I-192’s The US Consulate in Ottawa also can help. CBP Instructions for filing waivers. The submission can be submitted electronically. See Portal to Submit for Waiver
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