Thursday, March 18, 2010 at 9:44AM U.S. Citizenship and Immigration Services ("USCIS") has issued a new fact sheet addressing frequently asked questions about applying for humanitarian parole through that agency.
USCIS Humanitarian Parole Fact Sheet
Wednesday, March 17, 2010 at 2:50PM QUESTION: Thank you for your very informative website. Can you tell me if you have had waiver renewals approved where the reason for wishing to enter the U.S. is only to get away from the Canadian winter? Previous requests were approved when my job (trucking) required me to go to the U.S., but now that I am retired, are my chances of being approved significantly reduced? My conviction, 30 years ago, was for selling a controlled substance, and I have since been pardoned.
REPLY: Thank you for your question and your positive feedback. To answer your question, yes, we have had I-192 waiver applications approved when the only reason for seeking entry is to escape the Canadian winters. This is actually a more common reason than you would think. Additionally, if your only ground of inadmissibility is a conviction that occurred 30 years ago, and there have been no subsequent problems with the law, your reasons for seeking entry are not going to have to be as strong as someone with a more recent conviction.
Tuesday, March 16, 2010 at 6:54PM QUESTION: I have a conviction for “Fraud under $5000” in violation of Section 380(1)(b)(i) of the Criminal Code of Canada. The disposition says “susp sent & probation 2 years.”
I was found guilty in 2005 and I am wondering if I really need to get a waiver just to travel into the U.S. I am trying basically to find a legal loophole that would allow me to not have to pay $545 USD just to go shopping in the U.S. Thanks.
REPLY: Based upon the information provided, it appears as though you do require a waiver of inadmissibility in order to enter the United States, even if it is just for a couple of hours to go shopping.
Your offense of conviction, which involves fraud, amounts to a crime involving moral turpitude (“CIMT”) under the U.S. immigration law. A person who has been convicted of a CIMT is inadmissible to the U.S. for life unless s/he obtains the appropriate waiver. While it may seem strange to some, the U.S. courts, including the Supreme Court, have made it very clear that offenses that involve the intent to defraud amount to CIMTs. See Jordan v. DeGeorge, 341 U.S. 223, 227 (1951).
Tuesday, March 16, 2010 at 6:31PM U.S. Customs and Border Protection ("CBP") has updated its webpage that discusses the Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Specifically, CBP has expanded on its explanations of the grounds of inadmissibility for which one might require a Form I-192 waiver.
Visit the updated CBP website at: http://www.cbp.gov/xp/cgov/travel/id_visa/indamiss_can_info.xml
Monday, March 15, 2010 at 11:17AM QUESTION: I am writing in behalf of a friend of mine (Italian) living in Italy that is confused about the process of filing a Form I-212. The fact is that she was refused admission to the United States back in January 2008 at the Newark Airport because she had previously overstayed a tourist visa in 2006-2007. The reason that was given for her refusal and written on her passport was: "Inadmissible under section 212(a)(7)(A)(i)(I)."
Do you believe that it will be possible to file a Form I-212 directly here in the United States and to apply for a B1/B2 visa in Italy? Thanks in advance for any help.
REPLY: I am sorry to hear of your friend’s unfortunate immigration situation. I have provided some information below that will hopefully shed some light on the situation for you. Without more specific information about your friend, however, I am afraid that I cannot provide you with a specific recommendation or analysis.
A Form I-212 waiver is also called an application for permission to reapply for admission into the U.S. after deportation or removal. As the title suggests, only those individuals who have been ordered removed or deported from the U.S. must apply for the Form I-212 waiver. This applies if you are ordered removed or deported by an Immigration Judge. It also applies if you were subject to expedited removal by U.S. Customs and Border Protection (“CBP”) officials at a port of entry. If your friend was expedited removed, she would have been issued Form I-860, Notice and Order of Expedited Removal. If she was not issued this form, she was probably granted permission to withdraw her application for admission. If this was the case, then she should not require the Form I-212 waiver.