Waiver for Expedited Removal

QUESTION:  I am an Indian Citizen married to a Mexican Citizen.  I am currently on an H1B visa working for a company in Santa Clara, Mexico.  We have been married for a year and a half.  About 3.5 years ago my wife went to the U.S. on a tourist visa and went to a community school to learn English.  She was staying with a family friend at the time.  She left the U.S. after 6 months.  She was trying to go back a couple months later when she mentioned her going to the school to the immigration officer.  The immigration officer issued her an expedited removal under section 212(a)(7)(A)(i)(I) barring her for 5 years.  I managed to get transferred to Mexico on an assignment for 2 years so that we would be able to live together, but my assignment is ending in December 2010 and I will need to move back to the U.S.  This will leave another year for my wife to qualify for re-applying for the visa.  Do you know if it will be possible for her to apply before her 5 year term? Can she use the case of “family hardship” since I will be living in U.S. and she will be in Mexico? 

REPLY:  There certainly is a waiver for an expedited removal.  It is submitted on Form I-212 together with the appropriate supporting documents.  Our office prepares a comprehensive package, including a legal brief, which addresses how the facts of the particular case meet the legal criteria that has been set forth by case law – see Matter of Tin and Matter of Lee.  

Family unity is one of the most important factors considered throughout U.S. immigration law and, therefore, will definitely be a favorable factor for consideration in your wife’s waiver case.  I cannot tell you whether she otherwise has a strong case for a waiver without first reviewing the specific facts and details of her case.  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.