INA §212(d)(3) ADVANCE PERMISSION
A Canadian citizen who has a CBP inadmissibility problem and seeks temporary nonimmigrant entry may be able to request advance permission under INA §212(d)(3) using Form I-192. This page focuses on the CBP process for returning after an inadmissibility finding rather than re-explaining the underlying INA §212 ground.
Scope of this page: This guide addresses the CBP return process for Canadian travelers with an inadmissibility finding. For the broader substantive rules governing INA §212(d)(3), waiver eligibility, and the discretionary standard, see the INA §212(d)(3) waiver guide on INA212.com.
CBP states that an inadmissible nonimmigrant who already possesses the appropriate travel documents—or who is in a visa-exempt class such as most Canadian citizens—may be eligible to apply in advance for temporary permission to enter the United States.
Form I-192 does not erase inadmissibility. It asks DHS to permit qualifying temporary entry despite the underlying ground.
INA §212(d)(3) provides broad discretionary authority for temporary nonimmigrant admission despite many inadmissibility grounds, subject to statutory exclusions.
The waiver must therefore identify the actual inadmissibility ground and explain why favorable discretionary permission should be granted.
Current CBP guidance encourages waiver applicants to use the Electronic Secured Adjudication Forms Environment, or e-SAFE, for Form I-192 submissions.
CBP also provides procedures for designated ports of entry. Canadian Preclearance locations no longer process Form I-192 or Form I-212 applications.
The CBP Admissibility Review Office reviews qualifying advance-permission applications. Applicants should follow current CBP filing instructions because submission procedures can change.
Current CBP guidance instructs Canadian applicants with criminal-history issues to obtain RCMP verification of the criminal record or lack of record before submitting the I-192 package.
CBP also requests the official court record for each relevant conviction and a personal statement explaining the circumstances where criminal inadmissibility is involved.
Current Form I-192 instructions state that an approved advance permission is valid for the period stated in the approval and is subject to any conditions imposed by DHS.
The permission is discretionary and may be revoked. If the approval is no longer valid, a new application is required for future entry.
Most Canadian citizens seeking ordinary temporary admission do not need a visa, so Form I-192 may be filed directly with CBP when appropriate.
A Canadian who requires a visa for the particular classification or chooses to pursue visa processing may encounter a different waiver procedure through the consular process.
No. Form I-192 is appropriate only when an actual waivable inadmissibility ground exists and advance permission is the correct remedy.
Current CBP guidance states that Canadian Preclearance offices no longer accept Form I-192 and Form I-212 applications for processing.
No. Advance permission addresses the covered inadmissibility ground, but CBP still conducts inspection and determines whether the traveler otherwise qualifies for admission.
These government materials provide the principal admission and waiver framework discussed on this page.
The first question is whether the Canadian traveler is actually inadmissible. If so, the filing should identify the precise ground and build the discretionary case for temporary admission.