FBI Name Checks for I-192 Waivers Now Valid Indefinitely Posted Jun 03, 2005 ©MurthyDotCom As of May 5, 2005, the Administrative Review Office (ARO) of the U.S. Customs and Border Protection (CBP) indicated that they have changed their security clearance procedures for persons filing I-192 waivers of inadmissibility. The I-192 application is a request for advance permission to enter the United States as a nonimmigrant in situations where the individual would otherwise be inadmissible to the U.S. ©MurthyDotCom FBI Clearance Valid Indefinitely ©MurthyDotCom Under the new procedure, the ARO will consider an FBI name check clearance as remaining valid indefinitely. If the name check clearance remains valid, the ARO will not need to wait for a new name check each time a particular person re-files an I-192 waiver application. The ARO will still send for a name check on all I-192 applications, but they will not wait for the name check clearance on any case where such clearance has already been granted. ©MurthyDotCom Later Received Unfavorable Information If that check later comes back with unfavorable information, the ARO will review the file and determine whether the decision to let the individual into the United States should be revoked. In the event of a revocation, the ARO will provide notice to the applicant or the applicant's attorney. ©MurthyDotCom Conclusion ©MurthyDotCom This new policy should provide for faster processing of I-192 applications. We at The Law Office of Sheela Murthy appreciate the ARO's determination, based on their experience, that their efforts to keep the United States safe would not be jeopardized by improving the processing times on these waivers. In an overwhelming majority of cases, persons are inadmissible because of prior overstay issues and they are separated from their families due to technical oversights. Reducing the time needed to process each I-192 application should expedite the reunions of families and enable persons who have important legitimate business in the U.S. to attend meetings, conferences, and other important business events. ©MurthyDotCom While the need and desire for high security measures stands to reason in a post-9/11 U.S., the negative impact this is having on industries such as tourism is evident. Conferences and international meetings are selecting cities in other countries. Students are selecting educational institutions elsewhere. We have already been effected for the short run. Let's hope that soon the United States will again be seen as a welcoming place for those who dream and aspire to great things. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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