CBP announces e-SAFE pilot for electronic waiver submissions

In an effort to reduce processing time, CBP’s new pilot will give certain waiver applicants the option to apply electronically. U.S. Customs and Border Protection (CBP) has announced that the launch of the Electronic Secured Adjudication Forms Environment (e-SAFE) pilot is planned for mid-2019. The e-SAFE online system will allow nonimmigrant citizens from specified visa exempt countries to electronically submit and make payment for their waiver of inadmissibility applications. This will be applicable to submissions requiring Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, and Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Currently, eligible citizens of Canada, Palau, the Federated States of Micronesia and the Marshall Islands file their submissions by hand delivery to CBP at a port of entry.

CBP reports that using e-SAFE will streamline and speed up the I-192 and I-212 adjudication process. According to an e-SAFE fact sheet provided on CBP’s website, “The processing time for waiver applications submitted online via e-SAFE are expected to be significantly less than paper form applications manually submitted at the port of entry.” Status updates and notification of the decision will be sent via email. Instead of receiving a hard copy sent by mail, applicants will be directed to log in to view and print the decision from the e-SAFE website. If approved, an electronically signed Form I-194 will be received through the website, which the applicant will need to print out and must have in their possession each time they travel to the U.S.

Although e-SAFE is presented as a more convenient option, there is a catch: even if filing online, biometrics (fingerprints and photograph) must be completed in person and only at limited ports of entry. At the biometrics appointment, applicants are also “required to bring the original documents to the port of entry for verification,” CBP advises. After receiving an electronic receipt confirming that the application has been received and paid for, CBP dictates the applicant will only have 45 days to report to one of the designated ports of entry to complete biometrics. If they fail to do so, their application will be considered abandoned.

Currently, CBP provides a list of seven ports of entry where the biometrics appointment can be attended. Three are included in Western New York: the Peace Bridge, Lewiston Bridge and Rainbow Bridge. Remaining options include the Toronto Pearson International Airport and three ports of entry in Washington state: Peace Arch, Pacific Highway and Point Roberts.

One aspect of the waiver application process that will not change with e-SAFE: the contents of the submission. The requirements regarding documents that must accompany Form I-192 and Form I-212 will remain the same. How exactly these documents may be transmitted and if there are any page limitations remains to be seen.

Paper applications will continue to be accepted at ports of entry by CBP, but it’s expected that fewer locations will allow in-person filing as e-SAFE expands. CBP plans to gradually add more ports of entry where biometrics can be completed and plans to publish updates on the e-SAFE public web page at https://www.cbp.gov/travel/international-visitors/e-safe.

SRW Border Lawyers will provide updates on the e-SAFE program as more information becomes available. If you believe you are inadmissible and would like to learn more about the e-SAFE program and how it may affect you, please feel free to reach out to our office to further discuss. The e-SAFE program is likely to be of great interest to inadmissible Canadian citizens in need of I-192 and/or I-212 waivers.

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.

Form I-212, Application For Permission To Reapply For Admission Into The United States After Deportation Or Removal Approved

Application Type: I-212

Adjudication Time: 84 Days

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

Purpose of Entry into U.S.: Business & Pleasure Visits – business purposes, vacation with his family, and maintain investment real estate property in the U.S.

SRW Strategy: Evidence of Rehabilitation (demonstrated remorse, rehabilitation and compliance with Canadian & U.S. laws)