I was denied entry into the United States and expedited removed. How does this affect my ability to travel to the United States?

Question:

Several months ago, I was denied entry into the United States and an expedited removal order was issued against me at the Peace Bridge port-of-entry. I was charged as inadmissible pursuant to both INA § 212(a)(6)(C)(i) and INA § 212(a)(7)(i)(I).

I work for a U.S. based company in Canada. As an employee, I am responsible to for remaining up-to-date on my training. I was always compensated for my participation in the training sessions. This trip I was to attend another training session as well as teach a course. I questioned my company about working in the United States, but they assured me everything would be fine.

Unfortunately, I told the inspecting officer that I was entering the U.S. to go shopping. It was a stupid thing to do. I should have been honest. I was pulled over and officers searched my phone and car. The officer’s informed me about the information they found about the training session and course I was going to teach. I was later expedited removed.

How will the expedited removal order affect my travel to the U.S?

Answer:

Thank you for your question. Under the Immigration and Nationality Act (“INA”), a foreign national is inadmissible under INA § 212(a)(6)(C)(i) if he or she seeks to procure (or has sought to procure or has procured) a visa, other documentation, admission into the U.S., or other benefits provided under the INA by fraud or willful misrepresentation. Pursuant to INA § 212(a)(7)(i)(I), a foreign national is inadmissible if he or she applies for admission without a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the INA. Individuals who are removed from the U.S. by the expedited removal process are barred from reentering the United States for a five-year period.

A charge of fraud or willful misrepresentation under INA § 212(a)(6)(C)(i) is a lifetime bar. What this means is that an individual charged under this provision will be permanently barred from the U.S., unless they apply for and are granted a waiver.

Please contact the office to discuss your options. A review of your case may reveal that the charges issued against you were in fact unwarranted and should be reversed. However, in cases where vacating is not an option, we can pursue the nonimmigrant waiver a Form I-192 waiver, pursuant to INA § 212(d)(3)(A)(i). If you wish to enter the United States prior to the expiration of the 5-year bar, we can also discuss filing a Form I-212, Application for Admission after Removal.