Question:

Dear SRW Border Lawyers,

I just came across your web site and I was reading the information you have posted about section 212(a)(7)(A)(i) of Immigration and Nationality Act ("INA").I believe that Customs and Border Protection ("CBP") may not have applied this section of the Act in a reasonable manner to my case.

By way of background, I tried to enter the United States at the Blaine, Washington port-of-entry. When I applied for admission, I was in possession of the following documentation: a valid Canadian passport, rent receipts, tax statements, Canadian bank statements, a business card, and a return ticket to Vancouver, Canada. I was not intending to enter as an immigrant.

I do not think that the CBP officer who inspected me could have reasonably believed that with the extensive proof and documentation that I provided at the time of my admission that I had immigrant intent. Rather, I believe that the officer arbitrarily denied me as an intending immigrant without a good reason.

What options are available to me to re-enter the United States?

Answer:　

Thank you for contacting the SRW Border Lawyers,

From your email, I gather that CBP denied you admission into the U.S. in December 2010 as a visitor. However, we can’t tell if they simply denied you admission and sent you back, or if they issued you an Expedited Order of Removal (which would bar you from re-entering the U.S. for a period of five years), or otherwise found you to be inadmissible. Did you receive any paperwork at the time of this denial? Have you re-entered the U.S. since that time period?

In order to determine whether you require a waiver and what remedies may be available to you to re-enter the U.S., we would want to know more about the situation that occurred at the border in December of 2010, and learn more about your background and future short-term and long-term goals for the U.S. At that time, we can gain a better understanding of what happened in 2010 and determine how to help you resolve your U.S. immigration matters.