I-192 Waiver or I-212 Waiver?

QUESTION:  I am a third year medical student and wanted to enter the United States to do my clinical rotations for medical school. I was turned away due to an order of removal issued to my family in 2004 due to absentia at a court hearing. My family and I had left the United States, however, several years before that, when I was a young teenager. I was surprised that my family's immigration issues when I was so young are affecting me now. I am not sure if I should be applying for an I-212 and/or an I-192 in this case . 

REPLY:  If you were ordered removed in absentia in 2004, you will require a Form I-212 in order to return to the U.S. before the 10-year post-order ban expires (through 2014).  The good news is that you only need to apply for a Form I-212 waiver once. 

Whether you require an I-192 waiver will depend upon the reasons for your removal order (and also whether you are a Canadian citizen).  If it was due to a previous period of unlawful presence in the U.S. and you are a Canadian citizen, then you will also require a Form I-192 waiver.  NOTE: if you are not Canadian, you will still require the waiver, but it is submitted in a different manner and you cannot use the Form I-192 itself.   

If, however, you were under 18 during your prior stay in the U.S., you could not have accumulated unlawful presence, as it does not apply to individuals while they are under 18 years of age. 

We can determine exactly which waiver(s) you need by submitting a request for your immigration records pursuant to the Freedom of Information Act (FOIA).  From there, we will be able to recommend the best strategy for securing your return to the U.S. to complete your clinical rotations.  If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation.