INS Instructs Ports of Entry to Deny I-193 Waivers

All Ports of Entry (“POEs”) have been directed by the INS to stop granting waivers on Form I-193 except in certain circumstances. By granting a waiver on Form I-193, INS would permit a foreign national to enter the U.S. without the normal documents. Normal documentary requirements for entry into the U.S. include a valid passport and valid visa or border crossing card. A I-193 waiver allowed District Directors and their designees in their discretion to waive these documentary requirements for entry in the cases of unforeseen emergencies pursuant to Section 212.1 (g) of the Immigration and Nationality Act. Under the latest INS instructions, a I-193 waiver now may only be granted in dire medical or humanitarian circumstances.

Moreover, the POEs have been directed to place individuals who lack the necessary documents required for entry and who refuse to withdraw their applications into expedited removal proceedings. As a result of this change, it has been reported that the INS has taken many individuals into custody and are subjecting them to expedited removal even if they are otherwise entitled to E, H, L and P status if they do not possess the correct documentation. This is true in cases where the individual has a valid visa in one classification but seeks entry in another classification. For example, a B-1 business visitor who changes to L-1B status in the U.S. but does not obtain an L-1B visa on their next visit outside the U.S., and then seeks entry to the U.S. in L-1B status will now not be able to use a I-193 waiver to attempt to gain entry and could be subjected to expedited removal.

If you have plans to travel outside of the U.S., it is vital to ensure you have the necessary documents and have a visa which reflects your current nonimmigrant status in order to reenter the U.S. Greenberg Traurig will continue to provide updates on this and other issues as more information becomes available.

Courtesy of the American Immigration Lawyers Association.