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What Is a T Visa Inadmissibility Waiver (Form I-192)? - Rajat Shankar · BSPE Legal Marketing Podcast

• 0:00
  What Is a T Visa Inadmissibility Waiver (Form I-192)?
• 0:04
  For a trafficking survivor trying to build a new life in the United States, a past immigration violation or criminal charge imposed by a trafficker should not permanently close the door to safety.
• 0:14
  A T visa inadmissibility waiver, filed on Form I-192, allows a trafficking survivor who would otherwise be barred from receiving a T visa to ask U.S. Citizenship and Immigration Services to waive certain grounds of inadmissibility.
• 0:28
  Under INA Section 212(d)(13), USCIS may waive many grounds when doing so serves the national interest and, for most non-health grounds, when the inadmissibility was directly caused by or incident to the trafficking itself.
• 0:42
  Inadmissibility simply means a person is legally barred from receiving an immigration benefit under U.S. law, even if they clearly qualify as a victim of a severe form of trafficking under INA Section 101(a)(15)(T).
• 0:55
  Trafficking survivors are especially vulnerable to inadmissibility because the very circumstances of their exploitation — being smuggled across a border, forced to overstay a visa, or pressured into unlawful acts — trigger grounds under INA Section 212(a).
• 1:11
  Narrator: Importantly, being inadmissible does not end the case, and there is already one protection built directly into the law: T applicants are never subject to the public charge ground of inadmissibility at all.
• 1:22
  Narrator: The grounds most commonly waived for T visa applicants include unlawful entry, prior removal orders, unlawful presence, missing documentation, certain health-related conditions, and many criminal offenses tied to the survivor's victimization.
• 1:35
  Narrator: For nearly all of these grounds, USCIS applies a two-part standard, asking whether the waiver serves the national interest and whether a direct connection exists between the trafficking situation and the inadmissibility ground.
• 1:47
  Narrator: A small category of grounds cannot be waived under any circumstances, including espionage, terrorist activities, participation in genocide or torture, and adverse foreign policy impacts — bars that rarely, if ever, affect genuine trafficking victims.
• 2:02
  Narrator: Form I-192, formally titled the Application for Advance Permission to Enter as a Nonimmigrant, is the correct waiver form for T visa applicants, and it is entirely distinct from Form I-601 or I-601A, which govern immigrant benefit contexts.
• 2:18
  Narrator: Using the wrong form can delay or derail an entire application, making it critical to file Form I-192 precisely alongside the T visa petition so USCIS reviews both the eligibility and the waiver request together.
• 2:31
  Narrator: When deciding whether to grant a waiver, USCIS weighs positive factors like family ties, rehabilitation, and the public interest in protecting trafficking survivors against any negative considerations in a general balancing of discretionary factors.
• 2:44
  Narrator: A strong, direct link between the trafficking experience and the ground of inadmissibility is among the most powerful arguments an attorney can present on behalf of a survivor seeking this relief.
• 2:54
  Narrator: At Shankar & Associates PC, the legal team reviews each client's full record, identifies every applicable ground of inadmissibility, and builds a complete Form I-192 package designed to give the survivor the strongest possible case before USCIS.
• 3:09
  Narrator: Call Shankar & Associates PC, located at 518 Plainview Rd, Plainview, NY 11803, at 212, 461, 1467 to schedule a confidential consultation and speak with a lawyer about your T visa inadmissibility waiver today.