The I-212 Waiver – An Immigrant Waiver and a Non-Immigrant Waiver

Foreign nationals who have been ordered deported or removed from the U.S., have been issued an expedited removal order, or who have violated the terms of a voluntary departure order by not timely departing the United States, have common questions – Can they ever re-enter the United States? Do they have to wait for 5 or 10 years before they can re-enter the United States? Can they ever obtain their permanent resident status (i.e. green card)?

These foreign nationals have the same dilemma – as a result of being previously deported or removed from the U.S., or having been issued a expedited removal order, or who have violated the terms of a voluntary departure order by not timely departing the United States, are inadmissible to the United States for a specified period of years under INA § 212(a)(9)(A).

The good news is that these foreign national’s do have options available – whether it be to obtain non-immigrant status (i.e. B-1/B-2, H-1B, E, F, L, etc.) or immigrant status (i.e. green card).  While each foreign national’s situation is different in terms of the benefits they are seeking and how soon they can apply for a waiver, in most situations, an experienced attorney who has extensive experience in waivers (such as SRW Border Lawyers) will be able to provide the foreign national with a good idea of when they should consider applying for the waiver. Not only that, SRW Border Lawyers can help the foreign national determine how to coordinate their waiver application with their non-immigrant and immigrant applications to allow for the smoothest possible process.  Additionally, our team also analyzes the previous removal order to determine whether there is any legal and/or factual basis to challenge the removal order itself. 

Should the foreign national wish to re-enter the U.S. prior to the end of their inadmissibility bar, they do have a option – they may apply for permission to reapply for admission into the U.S. by submitting Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, to the appropriate agency (dependent on the circumstances of the removal and the purpose for which entry is being sought). Luckily, unlike some other waiver applications, the I-212 application is a one time application and is valid for both immigrant and non-immigrant purposes.

If you are a foreign national who has been previously ordered removed, been issued an expedited removal order and/or violated the terms of a voluntary departure order, please contact our office to schedule a consultation with our experienced attorneys.  

Q: How will an expedited removal order charging inadmissibility under INA § 212(a)(6)(C)(i) and INA § 212(a)(7)(i)(I) affect my ability to reenter the United States?

Q: Dear SRW Border Lawyers,

Last month Customs and Border Protection ("CBP") issued an expedited removal order against me at the Peace Bridge port-of-entry. I was charged as inadmissible under both INA § 212(a)(6)(C)(i) and INA § 212(a)(7)(i)(I).

I work for a U.S. based test prep company in Canada, but on more than one occasion I have entered the United States for additional training. I was compensated for my participation in these training sessions. Last month, I tried to enter the U.S. to attend a training session and teach a test prep course, but I was not allowed to enter and told by CBP that I needed employment documents because I was being compensated for my time. Against my better judgment, I attempted to enter the U.S. at another port-of-entry, the Peace Bridge, the following day.

During questioning at the Peace Bridge, I told the inspecting officer that I was entering the U.S. to go shopping. I was eventually pulled over and placed in a room where I was questioned further.  CBP officers searched my phone and found emails discussing the course that I was going to teach and how much I was going to be paid. The officer’s told me about the emails they found and then issued an expedited removal order against me.

How will this expedited removal order affect my ability to travel to the United States?

A: Based on your question, it appears that you were expedited removed under both INA § 212(a)(6)(C)(i) and INA § 212(a)(7)(i)(I).  Under the Immigration and Nationality Act (“INA”), a foreign national is inadmissible under INA § 212(a)(6)(C)(i) if he or she seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the U.S. or other benefit provided under the INA by fraud or willful misrepresention of a material fact. Furthermore, a foreign national is inadmissible under INA § 212(a)(7)(i)(I) if he or she applies for admission without a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the INA, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required.

Individuals who are removed from the U.S. by the expedited removal process are barred from reentering the United States for a five-year period. Pursuant to INA § 235(b)(1)(A)(i), individuals removed are not entitled to a hearing before an Immigration Judge (unless the individual seeks asylum under INA § 208). If, however, an individual stopped by an immigration officer is allowed to withdraw his or her application for admission (INA § 235(a)(4)), an expedited removal order will not be lodged and there will be no five-year bar. Only individuals order removed under INA § 235(b) are subject to the five-year bar. 

A charge of fraud or willful misrepresentation under INA § 212(a)(6)(C)(i) creates a lifetime bar for entering the United States. What this means is that an individual charged under this provision will be permanently barred from the U.S., unless they are granted a waiver. Therefore, even after the expiration of the 5-year bar, an individual charged with fraud or willful misrepresentation will still be barred unless they are granted a waiver.

I would encourage you to call our office to discuss all of your options. In cases where it was appropriate, we have had a strong record of attacking fraud charges and having them removed because they were improperly issued. For cases where removing the charge is not an option, however, we have been very successful in acquiring INA § 212(d)(3)(A)(i) and Form I-192 waivers. If you wish to enter prior to the expiration of the 5-year bar, we can also discuss a Form I-212, Application for Admission after Removal.

In the meantime, to learn more about the expedited removal process, INA § 212(d)(3)(A)(i) and Form I-192 waivers, and the Form I-212, Application for Admission After Removal, please visit our website. 

I-212, Application to Reapply After Removal, Approved in record time!

SRW Border Lawyers was notified last week that another I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, was approved! This was especially surprising due to the fact that the approval came only a month after filing the application. Recently, normal processing time for an I-212 application can take several months. 

You should file an I-212 waiver if:

• You were removed from the U.S. as an inadmissible alien through expedited removal proceedings under INA § 235(b)(1) that were initiated when you arrived at a port of entry; or
• You were removed from the U.S. as an inadmissible, arriving alien under INA §240; that is, removal proceedings were initiated upon your arrival at a port of entry in the U.S. (Note: the paperwork you received during your removal proceedings should indicate under which provision you were removed under); or
• You violated the terms of a Voluntary Departure order by not timely departing the U.S.

For more information, please visit our web page on I-212 waivers under the Border Solutions drop down menu.

If you were previously removed from the U.S. and are interested in filing an I-212 waiver, please contact our office so we can discuss the details of your case. 

By SRW BORDER LAWYERS