Canadian Citizen Approved for I-192 for Previous Unlawful Presence in the U.S.

Application Type:

I-192

Adjudication Time:

124 days

Adjudicating Agency:

Admissibility Review Office (Filed w/CBP Office @ Edmonton International Airport in Edmonton, Alberta, Canada)

Grounds of Inadmissibility:

INA §212(a)(9)(B)(i)(II) – Unlawful Presence [Unlawfully present in the U.S. for over one year {from July ’00 – March ’05})

Purpose of Entry into U.S.:

Pleasure (Visit Lawful Permanent Resident family members in the U.S. & family vacations)

SRW Strategy:

Client firmly established in Canada for several years & strong ties to Canada; Previous Waiver Approval and ongoing compliance with U.S. immigration law; No criminal history

Approval Period:

Two (2) years

Canadian Citizen Approved for I-192 for Five Years

Application Type:

I-192

Adjudication Time:

49 Days

Adjudicating Agency:

Admissibility Review Office (Filed @ Peace Bridge Port of Entry in Buffalo, NY)

Grounds of Inadmissibility:

INA 212(a)(2)(A)(i)(I) – Conviction for Crimes Involving Moral Turpitude (1984 Convictions in Ontario, Canada under Canadian Criminal Code § 294(1)(b) (Theft under $200), § 306(1)(b) (BE & Theft), and §421(a) (Att BE with Intent) [multiple counts].

Purpose of Entry into U.S.:

Business Visits [B-2] – Attend business meetings in the U.S. for Canadian company; Pleasure Visits [B-1] - Attend family vacations.

SRW Strategy:

Evidence of Rehabilitation (no criminal issues since 1984 and convictions were from when the client was a minor); Productive member of society who is a father, husband and business owner; Ongoing compliance with U.S. immigration laws by complying with terms and conditions of entry with previous waiver approval

Approval Period:

Five (5) Years  

I-192 Approved In 57 Days

Application Type:                           

I-192

Adjudication Time:                         

57 Days

Adjudicating Agency:           

Admissibility Review Office (Filed @ Ogdensburg Port of Entry in Ogdensburg, NY)

Grounds of Inadmissibility:                   

INA § 212(a)(2)(A)(i)(II) - Controlled Substance Offense (Conviction in 1982 for violation of New York State Penal Law § 221.25 (Criminal Possession of Marijuana 2nd Degree).

Purpose of Entry into the USA:       

Business Visits [B-2] – to meet with U.S. suppliers related to Canadian business; Pleasure Visits [B-1] - attend family vacations.

SRW Strategy:         

Highlighted successful rehabilitation (no additional criminal issues since 1982 conviction); Previous waiver approval by ARO in 2011 & ongoing compliance with all U.S. immigration laws

Approval Period:     

Three (3) years

I believe I was improperly denied admission into the U.S. pursuant to section 212(a)(7)(A)(i) of the Immigration and Nationality Act

Question:

Dear SRW Border Lawyers,

I just came across your web site and I was reading the information you have posted about section 212(a)(7)(A)(i) of Immigration and Nationality Act ("INA").I believe that Customs and Border Protection ("CBP") may not have applied this section of the Act in a reasonable manner to my case.

By way of background, I tried to enter the United States at the Blaine, Washington port-of-entry. When I applied for admission, I was in possession of the following documentation: a valid Canadian passport, rent receipts, tax statements, Canadian bank statements, a business card, and a return ticket to Vancouver, Canada. I was not intending to enter as an immigrant.

I do not think that the CBP officer who inspected me could have reasonably believed that with the extensive proof and documentation that I provided at the time of my admission that I had immigrant intent. Rather, I believe that the officer arbitrarily denied me as an intending immigrant without a good reason.

What options are available to me to re-enter the United States?

Answer:　

Thank you for contacting the SRW Border Lawyers,

From your email, I gather that CBP denied you admission into the U.S. in December 2010 as a visitor. However, we can’t tell if they simply denied you admission and sent you back, or if they issued you an Expedited Order of Removal (which would bar you from re-entering the U.S. for a period of five years), or otherwise found you to be inadmissible. Did you receive any paperwork at the time of this denial? Have you re-entered the U.S. since that time period?

In order to determine whether you require a waiver and what remedies may be available to you to re-enter the U.S., we would want to know more about the situation that occurred at the border in December of 2010, and learn more about your background and future short-term and long-term goals for the U.S. At that time, we can gain a better understanding of what happened in 2010 and determine how to help you resolve your U.S. immigration matters.