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.