Canadian Citizen Has I-212 Waiver Approved

Background: Client, a Canadian citizen, approached SRW about two years after he was issued an Expedited Removal Order (ERO) while applying to renew his TN status. During the adjudication of his TN application, Client was questioned in detail about his employment history in the U.S. and more particularly, about whether he had ever done anything outside of the scope of his non-immigrant status. While Client had honestly believed that he had never participated in any activities outside of the scope of his non-immigrant status, it was revealed that Client had inadvertently engaged in impermissible activities in connection with his wife’s prospective E-2 business.

Grounds of Inadmissibility: INA § 212(a)(9)(A)(i) - Alien previously removed pursuant to an Order of Expedited Removal under INA §235, solely under INA §212(a)(7)(A)(i)(I) [Immigrant Intent]

Consequence of ERO: As a result of the ERO, the Client was barred from reentering the U.S. for a five (5) year period – from March 2012 to March 2017. Notably, the Client and his family had been living in the U.S. since 2007 (in valid non-immigrant status), but due to the ERO, were required to return to Canada and re-establish their ties.
After returning to Canada, Client started an independent technical consulting business that served clients in both Canada and the U.S. Unfortunately, Client had lost many potential clients because he could not travel to the U.S. for meetings. Client’s biggest U.S. client had also expressed serious concerns regarding Client’s inability to travel to the U.S. for upcoming projects.

Options: After consulting with Client, we advised him that his options were to either serve out his bar of five (5) years or apply for permission to reapply for admission. We explained after the five (5) year bar was over he would not require a waiver since §212(a)(7)(A)(i)(I) is not a permanent bar. Ultimately, Client chose the latter.

SRW Waiver Strategy: Evidence of Rehabilitation (demonstrated remorse, rehabilitation and compliance with U.S. removal order); Established strong ties to Canada; Compelling reasons for entry (Inability to travel to the U.S. limiting ability to perform consulting services for current and prospective U.S. clients; U.S. travel ban impacting ability to look after U.S. investment properties; Lack of any criminal history); Nearly half of the removal bar was served at the time of filing.

Application Type: I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal

Adjudicating Agency: Admissibility Review Office (Filed @][2] Peace Bridge Port of Entry in Buffalo, New York)

Purpose of Entry into U.S.: Business and Pleasure Visits [B-1/B-2] or Employment in TN, H-1B or L-1

Adjudication Time: 77 Days

I-212 Waiver Approved For Canadian Citizen

Background: Client, a Canadian citizen, approached SRW after being issued an Expedited Removal Order (ERO) in July 2012, while applying for L-1B status.

Consequence of ERO: As a result of the ERO, the Client was barred from reentering the U.S. for a five (5) year period – from July 2012 to July 2017. However, the bar would cause her to be limited professionally with her current employer since her employer wanted to assign her duties that would require traveling to the U.S. In addition, she had extensive family ties to the U.S.

Options: After consulting with Client, we told her the options were to either serve out her bar of five (5) years or apply for permission to reapply for admission after serving some of her bar. Client chose the latter.

Application Type: I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal

Adjudication Time: 157 Days – Application filed in October 2015 (more than three (3) years after July 2012 ERO)

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

Grounds of Inadmissibility: INA § 212(a)(9)(A)(i) - Alien previously removed pursuant to an Order of Expedited Removal under INA §235, solely under INA §212(a)(7)(A)(i)(I)

Purpose of Entry into U.S.: Business and Pleasure Visits [B-1/B-2] or Employment in TN, H-1B or L-1

SRW Waiver Strategy: Evidence of Rehabilitation (demonstrated remorse, rehabilitation and compliance U.S. removal order); Establish strong ties to Canada; Compelling reasons for entry (Single mother with many family members living in the U.S. including parents, siblings and extended family members and U.S. travel ban impacting children’s relationships with U.S. family members; Inability to travel to the U.S. limiting ability to perform job duties for current employer; Lack of any criminal history); Over half of the removal bar was served at the time of filing.

I believe I was improperly denied admission into the U.S. pursuant to section 212(a)(7)(A)(i) of the Immigration and Nationality Act

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.