I-212 vs. I-192

QUESTION: I'm from Canada but studying in Mexico.  Living on the border city, I have been crossing once every 2 weeks  to visit my mom (naturalized US citizen), my church, friends and working on some video projects for the school.  Last time I crossed with my car they arrested me and issued me an order of expedited removal and deported me to Canada because they believe I was working in the US. Now I can't enter the US for the next 5 years.

I believe my only options to reenter before 5 years is to fill Form I-212 (permission to re-apply for admission) and/or Form I-192 (unlawful presence waiver), but I am not sure.  Do I just fill one of the two forms, or are both are needed together?  If  I file both forms does it double my chances?  How do these two forms work together?

If I get  permission to reapply, do I need to apply for a B-1 or B-2 visa? Or am I exempt because I am Canadian? What will be the next step?

REPLY: Thank you for your question.  While I cannot offer you case-specific advice without first reviewing your case in more detail, I can provide you with some general information that may help you.

Individuals who have been issued orders of expedited removal are barred from entering the U.S. for a period of five (5) years unless he/she is granted permission to reapply for admission to the U.S.  This is applied for on Form I-212.  The Form I-212 application must be approved before an individual previously removed can return to the U.S. within the 5-year period, regardless of nationality/citizenship.

The Form I-192 is required for individuals who are inadmissible to the U.S. pursuant to almost any other provision of U.S. immigration law.  Examples include: unlawful presence; criminal convictions; fraud/misrepresentation; etc.

If a Canadian citizen requires both waivers, they can submit them together to CBP officials at the time of application.  If the individual does not require both waivers, it is not necessary to file both forms.  Chances of approval do not increase by filing an application for a waiver that is not needed.  In fact, filing a waiver application that is not required can often complicate the case.

As you probably know, Canadian citizens are visa-exempt and therefore do not require B1/B2 visas to enter the U.S. as visitors.  However, individuals who have been previously removed based upon suspicion that he/she was intending to live or work in the U.S. unlawfully will be subject to strict scrutiny at the port of entry upon seeking admission as a visitor.

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.