QUESTION

How long will it take for me to get the 212 and I192 if I had an expedited removal?

Asked on Apr 22nd, 2012 on Immigration - Mississippi
More details to this question:
I am Canadian and was given an expedited removal plus a 5 year ban when applying for a TN visa in the states. A year and a half ago, I applied for the 212 and I192. I'm getting mixed answers, do the 5 years have to pass or is cbp just ridiculously taking a long time? I work for the US division of my corporation so there's a lot of pressure for me to get this dealt with.
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2 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answered on May 14th, 2012 at 9:07 PM

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Thomas J. Rosser
You must complete the 5-year period imposed on you as part of the expedited removal order before you will be potentially considered admissible for a new non-immigrant visa classification even though you may have applied for permission to reapply for admission under the I-212 scenario prior to the completion of the 5-year ban. The ultimate granting of permission to reapply by means of a successful I-212 application process neither makes you admissible nor waives any other potential inadmissibility grounds to which you may be subject. There is no way of reasonably predicting the time frame for adjudication of either I-212's or I-192's since both backlogs in processing and the peculiar circumstances of each case are factors beyond one's control.
Answered on May 14th, 2012 at 12:04 PM

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