QUESTION: I am a current Canadian citizen and had a valid student visa to enter the United States. I was recently stopped at the border and was inadmissible because of the following reasons:
During my university I was sent for voluntary training, which was not paid and was told I am not allowed. I took myself out of the voluntary training and submitted paperwork that I am not attending training anymore. After a while I crossed the border again and was followed by an immigration officer. I was going to pick up tickets I had won from the university from a fellow student training at the same center where I used to train. Upon trying to enter the U.S. at a later date I was stopped at the border and was taken inside for investigation. That is when I found out that a U.S. immigration officer had followed me on my previous visit to the U.S. and had seen that I had stopped by the training center. I was then given a notice of expedited removal and 5 year ban. My problem is that I was not working or committing anything illegal at the center; I was simply visiting a friend and picking up the tickets that I won from the university for a show in New York. Is there any way I can fight my 5 year ban? I have many relatives in the U.S. and I was planning on continuing my education at the university.
REPLY: I am sorry to hear about your unfortunate experience at the border. Without knowing more about your specific case, I cannot provide you with a case-specific analysis. I can, however, provide you with some general information, which is set forth below.
U.S. Customs and Border Protection (“CBP”) officials are only authorized to issue orders of expedited removal to foreign nationals who are deemed inadmissible based upon specified grounds of inadmissibility. Almost all expedited removal orders are issued to foreign nationals who fall under one of the following categories: those who are inadmissible due to a fraud or misrepresentation [pursuant to INA § 212(a)(6)(C)]; and those suspected of intending to immigrate to the U.S. permanently but who are not in possession of a valid immigrant visa [pursuant to INA § 212(a)(7)(A)(i)(I)].
It sounds as though you were probably issued the expedited removal order pursuant to INA § 212(a)(7)(A)(i)(I). We have seen many orders issued under this category lately in cases where CBP determines that the foreign national has engaged in unauthorized employment in the U.S. Working without authorization, however, is not a ground of inadmissibility in and of itself. A determination of unauthorized employment must also be accompanied by evidence to support allegations that the foreign national seeks to remain in the U.S. permanently and/or an act of fraud or misrepresentation before such determination can support an order of expedited removal. In cases where the required supporting evidence is not present, our office has had success with vacating similar orders of expedited removal as improperly issued.
In the event that grounds do not exist upon which to attempt to vacate the expedited removal order, you can always apply for permission to reapply for admission after removal by submitting a Form I-212 waiver application. Note: if you were charged with fraud/misrepresentation, you will require a fraud waiver in addition to Form I-212.
Before advising you as to the best course of action for returning to the U.S., I would like to know more about your specific case and review the documents that were issued to you at the border. If you would like to submit this additional information and receive a complete professional analysis, I suggest calling our office to set up a consultation.