Can I re-enter the U.S. in order to save my permanent resident status?

QUESTION: I am trying to see if a relative could be helped in this situation: A mother and daughter were issued green cards in 1995 after winning the diversity visa lottery program.  They lived in the U.S. as permanent residents from 1995-2006.  In 2006, the family departed the U.S. so that the daughter could complete university in her home country.  They then tried to come back to the U.S. after almost 3 years abroad, however, immigration officials confiscated their green cards and placed them in removal proceedings.  They were issued I-94s valid through December 2010.  Things have since become further complicated since the family departed the U.S. again and is now in their home country.  However, they would like to come back to the U.S. to defend themselves in removal proceedings.  The first attorney consulted was not optimistic about the case. 

Can they come back to the U.S. to attend removal proceedings and attempt to save their permanent resident status?  Is permanent resident status salvageable?  Can they just return and explain at a U.S. port of entry or will they be turned back? 

REPLY:  Without knowing more specific details about the situations, I cannot tell you whether they can be helped.  I can, however, provide you with some general information, which may be of use to you and your family in deciding whether or not you want to proceed with a defense to removal proceedings (INA § 240 proceedings). 

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Expedited Removal of Canadian Student

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. 

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Can Form I-192 waiver applications be submitted by mail?

QUESTION: I am a Canadian citizen living in the Cayman Islands.  I have downloaded and completed Form I-192.  Can you provide me with the address that I am to mail the application to? 

REPLY: Unfortunately, there is no easy mail-in option for the Form I-192.  This is because U.S. Customs and Border Protection (“CBP”) officials must take the fingerprints of all I-192 waiver applicants in-person.  The filing fee is also processed by CBP officials at a port of entry or designated pre-clearance location in Canada upon filing of the Form I-192.  Once the port of entry/pre-clearance location has all of the required documents, fingerprints, and fees, the complete I-192 waiver application package is forwarded to the CBP Admissibility Review Office (“ARO”), which is where all I-192s are sent for adjudication.   

There is one port of entry in Sault Ste Marie, Michigan that accepts the Form I-192 and filing fee by mail, however, you must still appear in person at that port of entry to have your fingerprints taken by a CBP officer.  Your I-192 waiver application package will not be forwarded to the ARO until the package is complete with the necessary fingerprint chart.  I spoke with a CBP officer in Sault Ste Marie today, who explained that once your Form I-192 and filing fee are received in the mail, that port will contact you directly with instructions to appear for fingerprints.  

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Can I overcome a charge of fraud under INA § 212(a)(6)(C)(i)?

QUESTION: My F1 visa renewal application was denied.  I had a DUI in 2006 for which I paid all fines.  I am pursuing my Masters Degree in California and have 6 classes left.  I came to Brazil for vacation and to renew my student visa.  I didn’t know DUI was considered a crime, so on the form I didn’t indicate that I was arrested.  The consular officer kept asking me if I had any problem with immigration and I said no, because I really didn’t think immigration had anything to do with DUI.  I really thought it was a traffic violation, especially since I had already received a visa following the incident.  When the officer asked me if I had any problem with the law, I immediately told him about the DUI.  Even though I admitted the DUI, the officer denied my visa application, saying that I was lying.  I really wasn’t trying to do any fraud or anything.  I know they know everything and would never try to lie to them.  I’m going to try again next week.  Is there a chance a get the visa? 

REPLY: You are in a very difficult situation, as a charge of fraud from a Consular officer is very difficult to overcome.  Based upon the facts you provided, however, it sounds as though your alleged “fraud” was neither willful nor material.  Under the Immigration and Nationality Act (“INA”), Section 212(a)(6)(C)(i) renders inadmissible anyone who seeks to procure a visa by fraud or by willfully misrepresenting a material fact. 

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Expedited Removal Order Vacated

Our office recently achieved success vacating an order of expedited removal and the underlying charges of inadmissibility on behalf of a client who was issued an order of expedited removal at a land border port of entry one year earlier on charges of fraud and misrepresentation [INA § 212(a)(6)(C)(i)] and as an intending immigrant [INA § 212(a)(7)(A)(i)(I)].  The order of expedited removal was vacated by the U.S. Customs and Border Protection (“CBP”) Chief Inspector of the land border port of entry where the original expedited order was issued.  

Our client, a native of India and citizen of Canada, was applying for admission at the land border port of entry for the purpose of attending a family event in the United States.  Although not a native of Canada, our client has lived in that country for nearly 15 years.  Significantly, our client has never lived in the United States for any period of time.  Rather, he has been consistently employed in Canada and also runs his own Canadian-based business. 

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