Waivers for previous removals and fraud (I-212 & I-192)

QUESTION: I am a Canadian Citizen. I filed an I-192 waiver at Perason airport in February.  It has been more than 6 months I am still waiting for my waiver. I lived in USA from 1986 to 1997 and continuously traveled to the U.S. for my textile business with different companies. I had removal orders first in 1997 and than again in 2003. I went to the USA in 1986 on F1 student visa and finished my bachelors and Master degrees.  I married a U.S. citizen in 1995 and obtained a temporary green card.

While I was travelling in 1997, I was stopped by immigration at the New York airport because my temporary green card expired.  We had received approval for the 10-year card, but at that time she refused to provide that document to immigration people and I was deported. I have my brother and sister in the USA.  Both are US citizens and medical doctors.  My brother in law is also a US citizen and medical doctor living in USA since 1971. My parents are also US citizen. I got green card again through my mother in 1999 and I am traveled to the USA without any problems on this green card until 2003 when I was again stopped by immigration.  They checked my green card and told me that in my recent application I did not mention my previous green card.  Immigration officers deported me again in 2003 based on the charges: 212 (a)(6)(c)(i), 212 (a)(7)(a)(1)(I), 212 (a)(9)(A)(i).

After 7 years I went to the USA again with my family under the impression that I had a bar of 5 years, which is over.  I wanted to see my sick mother who has had 3 heart attacks and gone through open heart surgery and is in very bad health. Immigration told me that I have a 20 year bar on me and in order to go to the USA I need a waiver.

REPLY:  A foreign national who has been removed more than once is inadmissible for a period of 20 years pursuant to INA § 212(a)(9)(A)(ii).  In order to overcome this 20-year bar, the foreign national must apply for permission to reapply for admission to the U.S., which is done by filing Form I-212.  In the case of Canadian citizens, the Form I-212 waiver application package is filed at a U.S. Port of Entry with U.S. Customs and Border Protection (“CBP”) officials. 

If the foreign national also requires a Form I-192 waiver (Advance Permission to Enter the U.S. as Nonimmigrant), both Forms I-192 and I-212 can be filed together at the Port of Entry.  The normal process is that CBP officials will then forward completed applications to the CBP Admissibility Review Office (“ARO”) for adjudication.  If the ARO determines that one of these waivers is required but has not been filed, applicants will usually receive a notice from the ARO indicating that the applicant must file the missing waiver as well as required supporting documents. 

A charge of inadmissibility under INA § 212(a)(6)(C)(i) creates a lifetime bar to admission to the U.S.  This charge is for fraud/misrepresentation in connection with an application for a benefit under U.S. immigration laws.  Those wishing to enter the U.S. who have been charged with fraud/misrepresentation must obtain a waiver for life.  

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