help please

[mujtaba7866]

One of my friend is currently in India.

He did a **** marriage several years ago and he was caught at the USA border. He decided to return back to India and have been living here where he got married and has 2 daughters. The family moved to the states and currently hold a J2 visa. One of the girl is minor and the other one just turned adult.

When he applied for a visa to visit them he was refused a visa.

He spoke with a lawyer and he said he can go with I192 form to cure his inadmissibility and request the government to provide entry since his family is facing hardship.

Do anyone here has a good experience with any law firm who works for USA inadmissibility cases?
Any lead is appreciated. Thanks in advance

[newacct]

I-192 is irrelevant. I-192 is basically only for Canadian citizens to apply for a nonimmigrant waiver, and I am assuming that he is not a Canadian citizen. Since he is not a Canadian citizen, he would need a visa, and a nonimmigrant waiver would be applied through the nonimmigrant visa process; there is no form for it. In that case, a nonimmigrant waiver can be applied for only if 1) he is denied the visa due solely to bans, and not also due to immigrant intent, and 2) the visa officer recommends a waiver. However, if he is also denied the visa due to immigrant intent (which is a generic denial reason when there are negative factors in the person's history), they can't get a visa because immigrant intent cannot be waived. I am guessing that he was probably denied for immigrant intent also, so a waiver is not possible.

Another option, if there is a humanitarian reason for going to the US, is humanitarian parole. But I don't see a good humanitarian reason here. If he can't be in the US, his family can return to India to be with him.

[mujtaba7866]

thank you for the information.

The officer who was issuing the visa specifically told him that, 'you are refused because you got married for immigration intent and can appoint a lawyer for the same'. He did not speak about any other reason.

also, could you please help me understand 'quote', Use this form if you want to apply for advance permission to temporarily enter the United States and you are an:

• Inadmissible nonimmigrant and already have the appropriate documents; or
• Applicant for T or U nonimmigrant status.

I assume he is inadmissible non immigrant? and that makes him eligible to apply for it? I don't understand where the catch is?

Thanks a bunch

[newacct]

No, he is not eligible to use I-192, because he does not "already have the appropriate documents". As a non-Canadian citizen, he needs a US visa to seek entry to the US, and he does not already have a valid US visa. This is why this form is generally not applicable to non-Canadian citizens.