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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

New I-94 Website Feature Helps Foreign Nationals Avoid Overstaying in the U.S.

U.S. Customs and Border Protection has recently announced that they will now remind travelers via email and a new feature on the I-94 website of the last possible date they must depart the U.S. to comply with the terms of their admission. Currently, only eligible Visa Waiver Program travelers can utilize the new “Compliance Check” feature on the I-94 website to check how much longer they can legally remain in the U.S. without overstaying the terms of their admission. However, CBP has advised that further updates to the I-94 website are expected to incorporate additional nonimmigrant travelers.

To check the status of their admission in the U.S., eligible travelers can visit the I-94 website, click on the “View Compliance” icon and enter their name, birthdate, passport number and passport country of issuance. This check will inform travelers of how many days are remaining on their admission or how many days they have remained in the U.S. past their admitted until date.

If a traveler has overstayed the terms of their admission, the new I-94 website feature will provide the individual with information regarding what to do next. An overstay is someone who was lawfully admitted to the U.S. for an authorized period, but remained in the U.S. beyond his or her lawful period of admission. Overstaying the terms of your admission is significant as many overstays are not eligible to adjust or extend their status in the U.S. and in some cases, may trigger unlawful presence bars when they ultimately depart the U.S.

Although the new “Compliance Check” feature is currently only available to eligible Visa Waiver Program travelers, all travelers can check their admit until date on the I-94 website. To check their admit until date, travelers can click the “Get Most Recent I-94” icon and enter their traveler information (name, birthdate, passport number and passport country of issuance). It is important for travelers to be advised of their admit until date as periods of admission can vary widely depending on the traveler’s class of admission and/or visa type. For example, individuals traveling to the U.S. as B1/B2 visitors are admitted for a fixed period of time whereas students traveling to the U.S. in F-1 status are admitted for duration of status (D/S), which is based on the completion of a degree program.

Form I-94, Arrival/Departure Record, is of utmost importance for nonimmigrant visitors as it provides proof of their lawful admission to the U.S., which is necessary to verify alien registration, immigration status and employment authorization. Notably, in May 2013, CBP automated the I-94 system for travelers arriving to the U.S. by air and sea. The automated system eliminated the need for paper forms and manual data entry by allowing CBP Officers to create the I-94 record at the time of inspection.

More recently, in September 2016, CBP also launched an online I-94 application and payment option for travelers arriving at a land port of entry. Individuals may provide their biographic and travel information and pay the $6 fee online up to seven days prior to their entry.

These changes/upgrades to the I-94 system demonstrate CBP’s continued commitment towards improving the international travel experience for both U.S. citizens and visitors to the U.S. The new I-94 website feature makes it much easier for travelers to find their last possible departure date and to comply with their terms of admission.

Canadian Citizen With Another I-192 Waiver Approval

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

Adjudication Time: 129 Days

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

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – (3) Convictions for Crimes Involving Moral Turpitude (Three (3) Breaking & Entering Offenses from the mid-1980s)

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] – Attend business meetings and trainings in the U.S. and vacation to the U.S.; Employment in H-1B, O-1 or TN

SRW Strategy: Evidence of Rehabilitation (no encounters with the law in over twenty-five (25) years, received a pardon for all criminal offenses in 2013, compliance with terms of previous waiver approvals, record of success in personal and professional lives)

Approval Period: Five (5) Years

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