Our client is a native of India and citizen of Canada. She is now firmly settled in Canada and a small business owner, however because of previous immigration violations, is barred for life from entering the United States without a waiver of inadmissibility.
Over 15 years ago, our client attempted to enter the United States using a photo-substituted passport. She believed that she was simply refused entry at the border and turned back. However, after reviewing her paperwork, we determined that she had in fact been placed into Immigration Court proceedings, and ultimately ordered deported from the United States because she never appeared at her scheduled hearing (which she never knew about). Because of her fraud at the border in attempting to enter the United States using a photo-substituted passport, she is barred from entering the United States for life. The order of removal from the Immigration Court made her inadmissible to the United States for a period of ten years, which fortunately has already passed.
After becoming a Canadian citizen, our client was admitted to the United States as a Canadian visitor. Although she returned to Canada regularly, she resided in the United States unlawfully for more than one year, and was barred from the United States for a period of ten years because of that unlawful presence.
Fraud and unlawful presence are both very serious immigration charges. However, we worked with our client to prepare a detailed waiver application package that demonstrated that she has established her life in Canada, that she understands her immigration violations and will not make those mistakes again, that she is rehabilitated, and that at this time she simply wants to come to the United States as a visitor. We wrote a detailed legal brief setting forth the legal standard for waiver applications and explaining why our client meets the standard. We gave our client detailed instructions for filing the application at the port of entry.
After reviewing our legal brief and support package, U.S. Customs and Border Protection approved our client’s waiver application in just four months! The average processing time for a waiver is six months or more. USCBP approved the waiver for both the fraud and the unlawful presence grounds of inadmissibility. Our client can now enter the United States as a visitor for business and pleasure on multiple occasions during the validity of her waiver.