REPLY: Thank you for your question. You should not need to file a new I-212 application. In most cases like yours, permission to reapply for admission is granted for the remainder of the period of inadmissibility. Since you have been charged with fraud, you will require a nonimmigrant waiver [Form I-192] for life. If you would like to discuss your case in more detail and receive a complete professional analysis, please do not hesitate to contact me.
]]>The report is available for dowload at: http://familiesforfreedom.org/.
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REPLY: Thank you for your message. Since I have not reviewed your case in detail, the statements herein are for informational purposes only. My research indicates that you should be able to apply for a visitor visa at the U.S. Consulate in San Jose, Costa Rica. Since you are not a citizen or resident of Costa Rica, it appears that you must make your appointment through the Call Center that has been established for that specific Consulate. More information is available at http://costarica.usembassy.gov/consnonimmigrant.html
There is no problem if the DS-160 form is completed while you are in the U.S. – this form is online and can therefore be completed anywhere. Since the application will not be adjudicated until you are at the Consulate in Costa Rica, the date of arrival should not be listed as any date prior to the interview. Thus, the intended date of arrival should be the next date on which you expect to return to the U.S. after the interview in Costa Rica.
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.
]]>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.
]]>I have been doing some research and I wanted to get professional opinion as well. I am aware how delicate our situation is and our case it is not an easy task. Is there any possibility to get a work and/or study visa? Would we be eligible in order to apply for any waiver such as FORM I-212?
REPLY: While I cannot offer you case-specific advice, I can provide you with some general information that should be helpful.
Any individual that is ordered removed by an Immigration Judge is inadmissible for a period of 10 years (if it was the first time being removed from the U.S.) unless he/she obtains permission to reapply for admission. This permission is applied for by filing Form I-212.
]]>(1) The risk of harm to society if the applicant is admitted;
(2) The seriousness of the applicant's immigration or criminal law violations; and
(3) The nature of the applicant's reasons for wishing to enter the U.S.
These are the only factors for consideration that have been set forth by law. However, I have noticed in many recent I-192 [INA 212(d)(3)] waiver decisions that the Admissibility Review Office ("ARO") has indicated that Matter of Hranka requires the weighing of at least the aforementioned three (3) factors. In addition to these factors, the ARO states that it also considers the following factors:
(1) The nature of the offense;
(2) The circumstances which led to the offense;
(3) How recently the offense occured;
(4) Whether it was an isolated incident, or part of a pattern of misconduct;
(5) Evidence of reformation or rehabilitation.
The ARO does not cite the legal authority providing for the consideration of these factors. Rather, the ARO states that these factors are considered when determining whether or not to exercise its discretion.
I am interested to see how things will play out at the BIA should a waiver applicant appeal a negative decision based upon the consideration of factors that have not been articulated by the BIA.
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Foreign students and temporary worker in Canada who used to have to cross the border into the U.S. to renew their status at the Consulate will now be able to renew their status without leaving Canada.
]]>These waiver applications will now be filed directly with USCIS at a lockbox facility. The agency hopes that this change will provide more efficient and consistent adjudication.
Additionally, waiver applicants will be able to check the status of their applications online at the USCIS website.
]]>REPLY: Thank you for your message. While I cannot provide you with case-specific advice without first reviewing the details of your case, I can provide you with some general information that might be helpful.
Individuals who are charged with making a false claim to U.S. citizenship are inadmissible for life under INA 212(a)(6)(C)(ii). An immigrant waiver is only available in certain cases when the individual reasonably believed that s/he was a U.S. citizen. There is a nonimmigrant waiver available that can be applied for in connection with a nonimmigrant visa. Anyone who has been subject to an order of expedited removal must also obtain permission to reapply for admission to the U.S. within the five-year period following the date of the expedited removal. This application is made on Form I-212.
Based on my experience with the ARO and processing times for nonimmigrant waivers, I always recommend filing the waiver application six (6) months in advance of the intended travel date. While the ARO aims to adjudicate all waiver applications within 120 days, this is not always the case.
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