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.