Can a Canadian Citizen use Form I-192 to Waive Inadmissibility Under INA §212(a)(9)(A) [Alien previously removed]?
May 7th, 2013 by Nisha Fontaine
In short, yes. While most applicants chose to file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, to waive their previous removal order (whether it be an order of expedited removal under INA §235, a removal order from an Immigration Judge or a voluntary departure order that automatically converted into a removal order), applicants can choose to file Form I-192, Application for Advance Permission to Enter as Nonimmigrant, in order to waive their inadmissibility under this ground. In fact, if approved, the waiver can waive almost all grounds of inadmissibility. So if an applicant is inadmissible because they triggered an unlawful presence bar under INA §212(a)(9)(B) when they departed the U.S. and were also ordered removed from the U.S. under INA §212(a)(9)(A), they can file Form I-192 to waive their inadmissibility under both grounds.
While the approval of Form I-212 will permanently waive the applicant’s inadmissibility as a result of being previously removed, an approval of the I-192 will only be valid for the term of the I-192 approval.
Here’s an example:
Sophia, a Canadian citizen, was issued an Order of Expedited Removal (ERO), which carries a five (5) year bar from reentry into the U.S., in May 2011 by U.S. Customs & Border Protection under INA §212(a)(7) at the Toronto Pearson Airport in Toronto, Canada. As a result of this ERO, Sophia is inadmissible under INA §212(a)(9)(A) until May 2016.
It’s now January 2013 and Sophia wishes to re-enter the U.S. She now has two options: file a Form I-212 or file a Form I-192.
If Sophia files an I-212 and the I-212 is approved, Sophia will be permanently relieved of her inadmissibility under INA §212(a)(9)(A) resulting from the May 2011 ERO. She will no longer be inadmissible under this ground.
If Sophia files and I-192 and the I-192 is approved in June 2013 for a two (2) year period (valid until June 2015), Sophia will be left with three choices regarding the remainder of her five (5) year bar – either apply for a new I-192 to cover the time period of June 2015 (when her waiver expires) to May 2016 (when her five (5) year bar expires), file an I-212, or simply refrain from traveling to the U.S. until after May 2016.
Whether an individual should file an I-192 or an I-212 is extremely case specific – How long ago was the applicant’s removal? What were the circumstances surrounding the removal? Why are they seeking to re-enter? What are their short-term and long-term goals in the U.S. – are they seeking to solely come in as a non-immigrant or are they trying to immigrate to the U.S.? Are they subject to any other grounds of inadmissibility?
Thus, an applicant who has been previously removed from the U.S. and who seeks to re-enter the U.S. should consult with an experienced immigration attorney to advise them regarding their best course of action.
