Canadian Citizen Granted Five Year I-192 Waiver After Complying With All Terms of Previous One Year Waiver Approval

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

Adjudication Time: 104 Days

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

Grounds of Inadmissibility: INA §212(a)(2)(A)(i)(I) – Conviction for Crime Involving Moral Turpitude (1969 Conviction in Alberta, Canada – Theft of Auto)

Purpose of Entry into U.S.: Business & Pleasure Visits [B1/B2] or Employment in O-1, H-1B, L-1 or TN

SRW Strategy: Evidence of Rehabilitation (no criminal issues since 1969, received a pardon for criminal offense in 1993, compliance with terms of previous one (1) year waiver approval).

Approval Period: Five (5) Years

Client Successfully Re-admitted to the U.S. in F-1 status

Client, a Canadian citizen, approached SRW Border Lawyers after she was denied entry into the U.S. in F-1 status, after an overnight trip to Canada. At the time, Client was on approved medical leave from her PhD program at a prominent U.S. university. CBP determined that Client had violated the terms of her F-1 status during her approved medical leave. CBP took issue with Client engaging in outside learning for her own intellectual development while on leave. CBP was also concerned that Client violated her F-1 status because she was not living on campus fulltime.

After reviewing the client’s case, we did not agree with CBP’s determination that Client had violated the terms of her F-1 status. Specifically, we noted that there is nothing in the law stating that an individual must remain on campus while on approved medical leave or that an individual cannot engage in any outside learning during their approved medical leave. We also confirmed that CBP erroneously advised Client that she was not eligible for re-admission in F-1 status until she resumed a full course load of study.

Client engaged SRW Border Lawyers to prepare and submit a packet to CBP Officials, which outlined Client’s continued eligibility for F-1 status and requested that Client be re-admitted to the U.S. in F-1 status. After working with CBP Officials for several weeks, Client was properly re-admitted to the U.S. in F-1 status.

Applicant/Client Testimonial - “Based on a strong recommendation from those in the legal field in Toronto, Canada, I reached out to Serotte Reich Wilson Immigration Law in Buffalo, NY and without delay I was able to consult with the senior partners in the firm. I have contacted and consulted other immigration law firms in the U.S. during this time but their utmost professionalism, empathy, and expediency made my decision to entrust my case with Serotte Reich Wilson an easy one. During the course of next 3 months, Ms. Zabrina Reich and Ms. Nisha Fontaine worked ceaselessly to resolve the issue and with their expertise I was able to re-enter the U.S. with the F-1 Visa. More importantly, Ms. Zabrina Reich’s professionalism extended beyond the initial successful border crossing as she continued to impart her legal advice with my subsequent travels into the U.S. under the F-1 Visa.

I can assert with confidence that Serotte Reich Wilson Immigration Law is an exceptional firm with seasoned professionals who address individual case with utmost expertise and care. Based on my experience with Serotte Reich Wilson Immigration Law, I cannot recommend the firm enough to all those seeking legal assistance with U.S. immigration law."

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.