Expedited Removal
Expedited removal from the U.S., is a procedure established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, that allows immigration officers at U.S. border posts to issue expedited removal orders against non-U.S. citizens, resulting in removals that, except in very limited circumstances, are carried out with no hearing or review by an immigration judge. Under the statute, the procedure may be used against noncitizens, except those from Cuba, who have not been admitted or paroled into the U.S., have been in the U.S. for less than two years, and are determined to be inadmissible for either (1) having used fraud or misrepresentation to procure an immigration benefit or (2) lacking a valid visa or other entry document (two of the grounds of inadmissibility). Canadian citizens who have been subject to expedited removal, are barred from re-entry for a period of 5 years, and may challenge the decision by filing form I-212. The normal processing time for an I-212 waiver is only 4 months. The I-212 for Canadian citizens is submitted at a U.S. border post. Where the expedited removal was based fraud the Canadian citizen should submit an I-192, along with the I-212.
Individuals who may benefit from this waiver include:
· Aliens previously removed subject to an order of removal entered by an Immigration Judge;
· Aliens who fail to timely depart under an order of voluntary departure issued by an Immigration Judge, whose voluntary departure is converted to an order of removal; and
· Aliens who have been subject to an order of expedited removal issued by a Customs and Border Protection officer.
Non-citizen timely left the U.S. pursuant to an order of voluntary departure, s/he does NOT need to apply for permission to reapply for admission.
In many instances, an alien seeking permission to reapply for admission will also need to file an additional waiver application based on a specific ground of inadmissibility. For example, an individual who has been ordered removed from the United States after an Immigration Judge has made a finding of fraud under INA § 212(a)(6)(C)(i), which imposes a lifetime bar to entering the U.S., will require an I-212 waiver application AND either an I-601 waiver application (if the individual is applying for an immigrant visa) or an I-192 waiver application (if the individual is applying for a nonimmigrant visa). The I-212 application, if granted, would waive the prior removal. The I-601 or I-192 application, if granted, would waive the fraud grounds of inadmissibility.
However, a grant of an application to reapply for admission waives inadmissibility resulting from prior removal. An alien who receives an I-212 waiver (permission to reapply) and re-enters legally cannot thereafter be deported/removed again for the same acts that were the basis of the individual’s previous deportation/removal.
Specific time periods barring re-admission:
5 YEARS
• Aliens ordered removed in an expedited removal proceeding
• Aliens removed through removal proceedings initiated upon the alien’s arrival in the U.S.
10 YEARS
• Aliens otherwise ordered removed after a removal hearing before an Immigration
Judge
• Aliens who departed the U.S. while an order of removal was outstanding
20 YEARS
• Aliens ordered removed more than once
NOTE: Aliens who have been convicted of an aggravated felony will require an I-212 waiver for life.
Requirements for an I-212 waiver:
There are no prerequisites such as a qualifying family member. No specific statutory standards to be met. Applications are considered on a case-by-case basis, and ALL relevant factors are considered.
Case law has set forth a list of “all pertinent circumstances relating to the applicant” that should be considered in determining whether an I-212 should be granted. These include, but are not limited to:
(1) The reason for the deportation
(2) The recent nature of the deporation.
(3) Length of U.S. overstay or prior U.S. work without authorization.
(4) Moral character of the applicant.
(5) Whether the applicant has a criminal record.
(6) Evidence of rehabilitation.
(7) Family and business responsibilities of applicant.
(8) Whether the applicant is inadmissible under other sections of law.
(9) Hardship to the applicant or other.
(10) The need for his services in the United States.
Application Procedure:
Immigrant visa applicants file Form I-212 with the USCIS district office having jurisdiction over the place where removal proceedings were held. 8 CFR § 212 .2(d). If abroad, file with consular post having jurisdiction over the applicant’s foreign residence.
Non-immigrants should submit Form I-212 to a consular officer, who will then forward to the USCIS district director with jurisdiction over the place where removal proceedings were held.
Visa-exempt applicants/Canadians file Form I-212 with CBP at a U.S. Port of Entry (“POE”), who will then forward the application to the USCIS district director having jurisdiction over the POE.