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Is TN available after expedited removal?

QUESTION: I am a Canadian citizen and was issued an order of expedited removal.  There was no fraud charge.  I now have a 5 year ban.  Is a TN work visa still an option for me? 

REPLY:  Thank you for your question.  As you know, individuals who are issued orders of expedited removal are inadmissible to the U.S. for a period of five (5) years [assuming there is no fraud].  During that five-year period, the individual may apply for permission to reapply for admission into the U.S.  This application is made by filing Form I-212 and supporting documents with the Department of Homeland Security.  When/if the Form I-212 application is approved, a Canadian citizen may then apply for admission in TN status prior to the expiration of the five-year bar. 

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

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