INS Clarification on I-193 Waivers and Policy for Deferred Inspection and Parole

The INS recently sent out a memo detailing the procedures for I-193 Waivers to Ports of Entry ("POEs") in a INS memorandum. Initially, at some POEs, there was some confusion over the memo’s instructions and some POEs interpreted the memo to mean there was a change in the standards to allow the waiver only in dire medical or humanitarian circumstances. A I-193 waiver allowed District Directors and their designees at ports of entry, in their discretion, to waive the documentary requirements for entry in the cases of unforeseen emergencies. However, as confirmed by Michael Pearson, Executive Associate Commissioner for the INS, the only change in the procedures relates to who may grant waivers. The standards for who qualifies for a I-193 remain unchanged.

As such, in addition to I-193 waivers, POE officers must also obtain approval from the District Director, Deputy District Director and Assistant District Director for Inspections and Assistant District Director for Examinations for waivers for returning permanent residents who do not possess the normal documents required for entry. Further, while refugees may still be eligible for 30-day deferred inspection, approval for the deferred inspection now must be granted by a District Director, Deputy District Director and Assistant District Director for Inspections or Assistant District Director for Examinations.

Moreover, all Authorizations for Parole of an Alien (Form I-512) issued by overseas INS offices must be approved by the District Director or Deputy District Director. However, stateside authorizations of Form I-512 do not need to have the approval of the District Director, Deputy District Director or Service Center Directors.

Finally, in the case of aliens in possession of Form 512 or Form 512L pursuant to adjustment applications or the LIFE act, POE officers do not need to obtain the approval of District Director, Deputy District Director and Assistant District Director for Inspections and Assistant District Director for Examinations to parole them. However, please note that they are still subject to the normal INS inspection process.

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