SRW Border Lawyers Successfully Guides Client Through Removal Proceedings & I-192 Waiver Process

Background: Client, a naturalized Canadian citizen, initially approached SRW after she was placed in removal proceedings. CBP Officials placed Client in removal proceedings because she had attempted to enter the U.S. without a waiver after CBP Officials had previously advised her that she was inadmissible pursuant to INA § 212(a)(2)(A)(i)(I) and INA § 212(a)(6)(C)(i) and required a waiver. Notably, Client had initially been informed of her inadmissibility when she was only a permanent resident of Canada and mistakenly believed that she no longer required a waiver to enter the U.S. since she was now a Canadian citizen.

With the assistance of SRW, Client admitted to the factual allegations of her Notice to Appear and conceded her removability. SRW also prepared a Motion to Withdraw Application for Admission on Client’s behalf, which ultimately was granted by the Immigration Judge.

Following the conclusion of Client’s removal proceedings, Client retained SRW to assist her with obtaining a nonimmigrant waiver to overcome her inadmissibility to the U.S.

Grounds of Inadmissibility: INA § 212(a)(2)(A)(i)(I) – Two (2) Theft Convictions that occurred over nineteen (19) years ago; and INA § 212(a)(6)(C)(i) – Misrepresentation stemming from her failure to disclose her criminal convictions on a B1/B2 visa application over ten (10) years ago.

SRW Waiver Strategy: Evidence of Rehabilitation (no criminal issues since 1997, no immigration issues since being placed in removal proceedings in 2010, demonstrated remorse, productive member of community); Compelling reasons for entry (many family members living in the U.S. including her only living parent, siblings and extended family members).

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudicating Agency: Admissibility Review Office (Filed @ Peace Bridge Port of Entry in Buffalo, New York)

Purpose of Entry into U.S.: Business and Pleasure Visits [B-1/B-2]

Adjudication Time: 240 Days

Another I-192 Waiver Approved For Max Five Years

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 102 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Peace Bridge Port of Entry in Buffalo, New York)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – Conviction for Crime Involving Moral Turpitude (2000 Conviction for Theft Over $5,000)

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] – Visit with family and friends in the U.S., vacation to the U.S., attend tradeshows that are held in the U.S., and travel with clients to the U.S.; Employment in H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (no criminal issues since 2000, on-going compliance with U.S. immigration laws – complied with all terms and conditions of previous waiver approvals and parole authorizations, respected businessperson, active member of community)

Approval Period: Five (5) Years

Canadian Citizen Granted Five Year I-192 Waiver After Complying With All Terms of Previous One Year Waiver Approval

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 104 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Calgary International Airport in Calgary, Alberta)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – Conviction for Crime Involving Moral Turpitude (1969 Conviction in Alberta, Canada – Theft of Auto)

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] or Employment in O-1, H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (no criminal issues since 1969, received a pardon for criminal offense in 1993, compliance with terms of previous one (1) year waiver approval).

Approval Period: Five (5) Years

I-192 Waiver Approved for Canadian Citizen Who Was Previously Denied A Waiver

Application Type: I-192, Application for Advance Permission to Enter as Nonimmigrant

Adjudication Time: 181 Days

Adjudicating Agency: Admissibility Review Office (Filed @ Peace Bridge Port of Entry in Buffalo, New York)

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – Conviction for Crime Involving Moral Turpitude (2009 Conviction in Ontario, Canada – Theft Over $5,000)

Purpose of Entry into U.S.: Business & Pleasure Visits [B-1/B-2] – Vacation in the U.S. with family and attend tradeshows and conferences that are held in the U.S.

SRW Strategy: Evidence of Rehabilitation & Accountability for Criminal Conduct (demonstrated remorse, over 7 years since the commission of acts forming the basis of his inadmissibility, business owner who is a productive member of community).

Approval Period: One (1) Year