Certain individuals are inadmissible to the U.S. under Section 212(a) of the Immigration and Nationality Act. The most common ground for inadmissibility is a prior criminal conviction or drug offense. However, an individual may also be inadmissible based on health related grounds, or for National security concerns.
Regardless of the reason for your inadmissibility, you must file an I-192 application prior to entering the U.S. This application is commonly referred to as a "Waiver" application. It can be submitted at the U.S. Border with Customs and Border Protection (CBP) or through the mail with U.S. Customs and Immigration Services (USCIS). The application must be submitted with supporting documentation which will vary depending on the basis for your inadmissibility (e.g. for a criminal conviction, you would need court documentation from your prior offense). The filing fee for this application is $585, which must be paid even if your application is later denied.
On average, a waiver application takes 6 months to process, but this can vary greatly depending on the facts of the case. If approved, the adjudicator in your case has complete discretion in determining the length of your waiver. It could be valid for a period of 1, 2, or 5 years, depending on the reason for your inadmissibility. Prior to the expiration of your waiver, you would need to file a renewal application. Initially, waivers are often granted for a shorter period, while renewals are typically valid for 2 to 5 years.
It is important to note that there are certain situations where an I-192 application may not be sufficient for you to enter the U.S. For example, if you have a prior criminal conviction and entered the U.S. illegally or remained in the U.S. without legal status, you may have to file an I-192 and an 1-212, Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal. For this reason, you may want to consult with an attorney to figure out what forms are required in your case.
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