Immigration violations and US Travel: The American Dream turned sour
For many, relocating to the States and becoming an American is something they aspire to; willing to do anything to make it a reality regardless of the potential consequences (that are often still better than remaining in their current situation). Unfortunately, the penalties can be severe: jail, deportation, and most frequently, travel bans. Common are the stories of families torn apart, having to leave work/their businesses, children, and their homes behind after living in the US for years. These narratives don’t get any easier to hear.
Things can get complicated regarding US travel if you have a criminal history in the US or have entered/tried to enter (via fraud/misrepresentation), lived (6+ months without status), or worked (without a visa) in the country illegally. These actions can result in deportation, refusal of re-entry at the US border, and/or travel bans of 5, 10, 25 years or “lifetime” restrictions. The problem with bans? Sometimes you don’t even know that one has been issued, especially if you left the US voluntarily while a deportation order was pending.
If a ban is in place, you will likely need to apply for a US entry waiver in addition to filing what is called an I-212 request to remove the ban. In this case, two filing fees will need to be paid to the Americans: one per application. Recently, we have seen requests to lift bans denied if less than HALF of the ban has lapsed; the longer you wait to apply following the ban being issued the better your chances of success.
Both the US entry waiver (I-192) and I-212 requests can be applied for online via the e-SAFE portal: https://e-safe.cbp.dhs.gov/s/login/?ec=302&startURL=%2Fs%2F however fingerprinting and document verification will take place in person at an authorized port of entry. If you prefer to file the applications in person, and not online, this can also be done.
If you have questions, let us know, we’d love to chat with you about your circumstances! However, we cannot give immigration advice and would recommend that you speak to a lawyer if you have specific concerns. This particularly applies if you will be applying for legal status in the US (ie. PR status, working visas) as this is not our area of expertise and additional documentation will be required.
For additional information on US entry waivers including fees and timeframes click here (add link to FAQ section).
The ‘Suspend This’ Team
Disclaimer: travel (border crossing) is currently restricted to essential travel only due to the COVID-19 pandemic; as a result, US Entry Waiver and I-212 in-person filing and online processing is suspended until it is deemed safe to resume normal practices including fingerprinting procedures.
Note: We hope to resume our travel waiver services shortly, however due to the pandemic-related uncertainty of the border re-opening we have currently suspended all related services as documents expire and changes to application procedures could be forthcoming. In the meantime, we are happy to offer free consultations and answer your questions!
