QUESTION: I was banned for life at Niagara Falls border for over staying my visit visa. They banned me for life because of misrepresentation to immigration officer. I have been successfully granted a waiver for a period of one year and now my application is pending for second one. My question is, is there anyway of getting my life ban removed? The majority of my family is in the U.S. (including my seriously ill parents). I have been a Canadian citizen for the last 8 years. Other then that incident, I have no criminal records of any kind in either country.
REPLY: Unfortunately, there is no way to “remove” the lifetime ban unless the fraud charge is vacated. This is only done in rare cases when the charge of fraud cannot be supported by law.
In the event that the fraud charge cannot be vacated, you could continue to pursue nonimmigrant waivers to visit your family. If your parents are U.S. citizens and can demonstrate that they will suffer “extreme hardship” if you are not permitted to enter the U.S., then you may want to consider applying for an immigrant visa in connection with an immigrant waiver pursuant to INA § 212(i). This immigrant waiver (Form I-601), if approved, will waive your fraud for life so that you can permanently reside in the U.S. with your family. These are extremely difficult waivers to get. However, seriously ill family members are some of the most persuasive reasons for granting these waivers. Assuming that you are over 21 years of age, there is also a waiting period for a visa for the adult children of U.S. citizens. The waiting period is even longer if you are married.
If you would like to submit additional information and receive a complete professional analysis regarding the strength of a potential hardship waiver, I suggest calling our office to set up a consultation.