Is I212 necessary after 5 years has passed?

[confused]

Hello all!

I tried to read posts to figure this out but I am getting more confused and this is not good thing at all to be confused about.

In a nutshell I wish to know if I need I212 if I was removed in Feb 2001.
I got 5 year ban and ever since I did not enter US and I am curious if I could now or do I need this I212 approved.

To give you more information, I was supposed to go to business trip and as Canadian citizen I did not expect any difficulties. On Toronto airport I was refused entry as they determined that I need work visa. I told that to my boss and he advised me to take car and drive across, which I stupidly did and on niagara border they realized I was turned back on airport and they processed me for " admission to united states by fraud or by willfully misrepresenting material fact". I have to add that I lied to the border official, I told them I am sightseeing the falls... I am usually not that stupid...

Anyway, they slapped me with "order of removal"
I got "notice to alien ordered removed" and it states that I am inadmissible as an arriving alien under sections 235(b)(1) or 240 of the Act for period of 5 years

This all was more than 5 years ago and my my logic ban is done and I do not need anything else but there is one thing that confuses me.

In instructions for I212 under A(3) it states "Persons that have been outside US for 5 successive years following their last deportation or removal" under "who is is permitted".

Thanks for your time and any insight that you might give me!

Confused...

[SHELLYFCO]

I'm sorry, I don't have an answer for you. Hopefully another member can provide insight.

[lopay]

If the paper says that you were banned for only 5 years, then you should be good to go.

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

So your banned should have been up in 2006.

Anyone else see something I missed?

[Laura]

As far as overcoming the deportation, after 5 years, it sounds like you are good, however, I'm concerned about this:

" admission to united states by fraud or by willfully misrepresenting material fact"

I think that might mean they charged you with misrepresentation, which may actually carry a 10-year bar. I can ask in the free attorney chat today if you like...

or you can attend yourself at visacentral.net at 11:00 central time, about 2 hours from now.

[lopay]

This may get confusing but this is what I read:

First: 212(a)(6)(C)

It says:"(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. "

Then: 235(b)(1)(A)(i)

(i) In general.-If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7) , the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution.

Then: 212(a)(9)(A)(i)

It says: "(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible."

I had the same thought that misrepresentation had a longer ban but this is what it says. Continue asking around. I really don't think you need a waiver, but it never hurts to get more info.

[Laura]

According to Laurel, misrepresentation carries a permanent ban, so confused will need to get a non-immigrant waiver, or if he/she is pursuing permanent residency through a relative, he/she will need the I-601. There isn't much information here about non-immigrant waivers, but it's probably the easiest option in this case.

[lopay]

212(a)(6)(C)

It says:"(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. "

So according to what Laura said in the Chat, this means forever? But 212a9Ai says that if you were removed un section 235b1 and 235b1 says the office is to remove you if you are found to be inabmissible under 212a6c? and 212a9Ai says only a five year bar? What am I missing?

[confused]

If I understand correctly I-212 would be necessary if I wanted to enter US before my 5 yeas ban is over, since that is done now it is not necessary anymore but since I lied, I am not good for life and that could be waived with I-192, for only a limited period of time.
I guess I will apply for I-192 and if it is not necessary I will at least be on the safe side. I am extra careful since I do not want to see that holding cell again and Laura's story before the chat was really bad, I found it here again http://qwstnevrythg.blog-city.com/but_why_does_everyone_hate_us_so.htm

Does anyone know what period of time is I-192 good for ?

PS - I do not plan to live in US, just to visit my friends sometimes... I do not even care to do business there anymore...
Business trip was reason for all this hassle in a first place...

[Laura]

Confused - what sort of visa are you trying to get to enter the U.S.? The I-192 is a non-immigrant waiver, which will be what is needed if you try to enter on any sort of non-immigrant visa? You are from Canada, right? So generally, do you even need a visa to enter the U.S.? Anyway, under what circumstance are you wanting to enter the U.S.?

[confused]

I am from Canada and generally I do not need visa, all I plan is short visits to some friends and nothing more. I just do not want to get in trouble on the border. My nightmare is that they will let me in and find out that I am illegal or something on way out. That is bound to get me in lots of trouble. Frankly I gave up on US travel but friends kids are getting big and I would like to see them. So I will apply for I-192 and either prove that I do not need it, get it or get refused, whatever it is I will know for sure where I stand... thanks for input!

[JMRJ]

Non-immigrant waivers are very foreign to us. I found the easiest explanation regarding I-92 but I can't paste the details in this forum because it's copyrighted. Visit the site and browse for yourself:

http://www.murthy.com/index.html