How will my inadmissibility under INA § 212(a)(6)(C)(i) and expedited removal impact my ability to enter the U.S. for business purposes?

Question:

I am a Canadian citizen who is employed by a U.S. company. Upon graduating from a U.S. college, I used my optional practical training “OPT” to work for my company as a computer systems analyst. Following OPT, I obtained authorization to work for my company in TN status as a computer systems analyst. During the course of my employment my duties evolved and my position shifted away from that of a computer systems analyst. Despite this change, I continued to apply for TN status as a computer systems analyst.

In 2014, I attempted to renew my TN status in the category of computer systems analyst at the Peace Bridge Port of Entry. During the adjudication process, it became clear that I had been applying under a category that no longer fit my job duties. As a result, I was charged as inadmissible under INA § 212(a)(6)(C)(i) for misrepresentation and ordered expedited removed.

I am still employed by the same company, but I work exclusively out of the company’s Canadian office. How will my inadmissibility under INA § 212(a)(6)(C)(i) and expedited removal impact my ability to enter the U.S. for business purposes?

Answer:

Thank you for your question. Based on the information you provided, there are a several issues you will likely need to address before returning to the U.S.

Expedited Removal

First, you were found inadmissible under INA § 212(a)(6)(C)(i) and ordered expedited removed. Pursuant to INA § 235(b), if:

an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution.

An expedited removal order carries a five-year bar to re-entering the U.S. Therefore, individuals who are expedited removed cannot re-enter the U.S. for a minimum period of five years from the date that the order was issued. However, you may seek to reapply for admission to the U.S. prior to the expiration of the order by filing a Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. In preparing a successful Form I-212 application, an applicant should address the following factors: (1) basis for deportation; (2) recency of deportation; (3) length of residence in the U.S.; (4) moral character; (5) respect for law and order; (6) evidence of reformation and rehabilitation; (7) family responsibilities; (8) inadmissibility to the U.S. under other sections of law; (9) hardship to applicant and others; and (10) the need for applicant’s services in the U.S.

INA § 212(a)(6)(C)(i) – Fraud of Misrepresentation

Second, the basis of your expedited removal was due to being found inadmissible under INA § 212(a)(6)(C)(i). Pursuant to INA § 212(a)(6)(C)(i),

any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

A finding of fraud/misrepresentation carries the severe penalty of lifetime inadmissibility, unless a waiver is obtained. Thus, as a visitor for business purposes, you will be required to posess a valid nonimmigrant waiver for as long as you desire to enter the U.S.

INA § 212(d)(3)(A)(ii) Waiver/Form I-192, Application for Advance Permission to Enter as Nonimmigrant

Third, If you intend to enter the U.S. as a nonimmigrant for business purposes, you must first file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to waive your inadmissibility. In adjudicating 212(d)(3)(A)(ii) waivers, officials balance a variety of factors, specifically: (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 United States. A failure to adequately address these factors may result in the denial of your application and prolong your time outside of the U.S. 

Conclusion

Moving forward, you must address both your expedited removal and your inadmissibility under INA § 212(a)(6)(C)(i). Before filing any applications, however, I encourage you to first contact an immigration attorney, so that he or she can review the expedited removal order to ensure that it was properly issued. Orders that are improperly issued may be challenged. The process is lengthy; however, if the order is successfully challenged, it could result in the fraud/misrepresentation charge being cleared from your record.

 If you have any additional questions, please feel free to contact my office.