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.