Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
INA 212(d)(3) · nonimmigrant waiver · advance permission to enter · inadmissibility
Source reviewed 2026-10-01A nonimmigrant waiver can reopen temporary travel. It does not convert the traveler into an immigrant.
Temporary U.S. Travel After Inadmissibility: When a 212(d)(3) Waiver Is the Question
How Form I-192 and INA 212(d)(3) can fit certain inadmissible nonimmigrant travelers, why the filing channel depends on the case, and why Polish Visa Waiver Program travelers have a different problem if they are inadmissible.
Direct answer
Short answer
INA 212(d)(3) provides a discretionary nonimmigrant-waiver framework for some inadmissible temporary travelers. Form I-192 is used in specified categories, and CBP explains that Visa Waiver Program travelers who are inadmissible should not use Form I-192 to travel under VWP but instead must pursue the appropriate nonimmigrant-visa process through a U.S. embassy or consulate.
On this page
The waiver is for temporary nonimmigrant travel
A 212(d)(3) waiver can address certain inadmissibility grounds for a temporary trip when the legal requirements and discretion support it. It is not a Green Card waiver and does not erase the underlying ground for all future immigration.
The filing path depends on whether a visa is required and what status is sought
CBP and USCIS divide responsibility by applicant category. Some applicants use Form I-192 with CBP or USCIS; visa applicants may have a consular waiver recommendation process.
For a Polish VWP traveler, inadmissibility changes the travel plan
CBP specifically says that Visa Waiver Program travelers who are inadmissible should not file I-192 to travel under VWP. They must seek the appropriate nonimmigrant visa and address waiver eligibility through that process.
The case is a discretionary record, not just a form
Reason for travel, time since the conduct, rehabilitation, criminal or immigration history, risk, family or business purpose, and the exact inadmissibility ground can matter.
Questions people actually ask
Frequently asked questions
Can a Polish citizen with an ESTA problem just file I-192 and keep using ESTA?
CBP says inadmissible VWP travelers should not use Form I-192 to travel under VWP. The person should apply for the appropriate nonimmigrant visa and address waiver issues there.
Does a 212(d)(3) waiver permanently remove inadmissibility?
No. It is a temporary nonimmigrant-waiver mechanism for qualifying travel and does not erase the underlying ground for all purposes.
Can criminal inadmissibility sometimes be waived for temporary travel?
Potentially, depending on the ground and discretionary analysis. The exact conviction and full immigration history must be reviewed.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
Applying for Waiver - Person Entering the United States With Criminal Record or Overstay
Form I-192 · 212(d)(3) · Visa Waiver Program · CBP Admissibility Review Office
Source reviewed 2026-10-01The next useful move
Start with the exact ground, not the label someone gave it
Waivers, citizenship claims, labor certification, and returning-resident cases all turn on precise statutory facts. Bring the notices, applications, travel history, family records, court records where relevant, and the actual government finding before choosing a form.
Important legal and service limitations
General U.S. immigration and citizenship information only. This page is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, waiver approval, visa issuance, admission, citizenship, permanent residence, or any other result.